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Public Health Act


Published: 1957

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Public Health (CAP. 353 1

f
! - CHAPTER 353

THE PUBLIC HEALTH ACT

Arrangement of Sections
Section

PRELIMINARY

1. Short title.
2. Interpretation.
3. Definition of the City of Saint John's and-city limits.

PART I

4. Central Board of Health.
5. Board to be a body corporate and to have a common

seal.
6. Funds.
7. Membership of Board not a public office.
8. Chairman of the Board, composition and office.
9. Rules of procedure.

10. Secretary and officers of the Board.
11. Duties of the Board.
12. Declaration of Sanitary District.
13. Training and certification of public health inspectors.
14. Committees of the Board.
15. Enquiries as to public health matters.

PART 11

16. Board to provide for scavenging and cleansing.
17. Throwing of offensive matter in public places.
18. Power to make regulations.

PART I11

19. Duty of Board to inspect for detection of nuisances.

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What nuisance may be abated summarily.
Information of nuisances to the Board.
Notice requiring abatement of nuisance.
O n non-compliance with notice, order to be made.
Appeal against nuisance order.
When order may be addressed to Board.
Sale of matter or thing removed under abatement order.
Power of entry.
Recovery of costs and expenses.
Penalty for injuring privy, drain or dustbin so as to cause

nuisance.
Power of individual to complain to a Magistrate of

nuisance.

PART IV

31. Regulations controlling keeping of animals.

PART V

City houses to be provided with proper privy accom-
modation and drains.

When privy accommodation proper.
Board may enforce provisions of privy accommodation.
Provision for filling up cesspits and wells.
Penalty for depositing excreta, etc. except in privy.
Regulations with respect to privies, etc.
Provision of water closets, etc., baths, wash houses and

bathing places.
Regulations for control of baths, etc.
Baths, etc., to be public places for certain purposes.

PART VI

41. Power to order demolition of insanitary house.
42. Power to make a closing order as to part of a building.
43. Board may require cleansing of houses.

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Public Health (CAP. 353 3

Section

44. In case of poverty of the owner of premises, work may
be done at public expense.

45. Penalty for using premises in contravention of closing
order or of an undertaking.

46. Appeal.
47. Power of the Board to make allowances to certain persons

displaced.

PART VII

FOOD AND DRUGS

48. Application.
49. Interpretation.
50. Restrictions on the addition of other substances to any

food or drug.
51. Restrictions on the abstraction from any food of any

constituent thereof.
52. Prohibition against sale of any food or drugs not of the

nature, substance or quality demanded.
53. Defences available in proceedings under section 52.
54. Provisions as to labels.
55. Labels and advertisements describing incorrectly food

or drug.
56. Presumptive evidence as to injurious nature of food.
57. Power of Board to make regulations as to the importa-

tion, preparation, storage, sale, delivery, etc. of
food.

58. Penalty for sale etc. of unsound food.
59. Examination of food and seizure of unsound food.
60. Provisions as to food offered as prizes, etc.
61. Power to examine food in course of transit.
62. Provisions as to rooms where food intended for sale is

prepared or stored, etc.
63. Registration of premises used in connection with the

manufacture or sale, of ice-cream or preserved food,
etc.

64. Notification of cases of food poisoning.
65. Provision as to suspected food.
66. Restrictions on the importation of certain foods.
67. Powers of sampling.
68. Rights to have samples analysed.
69. Division of, and dealings with, samples.

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70. Persons suffering from certain diseases not to sell food
or drink.

71. Penalty for obstructing execution of Act.
72. Limitation of prosecution.
73. Evidence of certificates of analysis, and presumptions.
74. Power of court to require analysis by Government

chemist.
7 5. Defence available to defendant where some other person

is responsible for the commission of the offence
charged.

76. Conditions under which a warranty may be pleaded as
defence.

77. Offences in relation to warranties and certificates of
analysis.

PART VIII

78. Interpretation.
79. Application to use place as bakery.
80. Painting and washing premises.
81. Conditions governing occupation of bakery.
82. Regulations.
83. Penalty for using insanitary premises.
84. Premises not to be used as sleeping place.
85. Person suffering from certain diseases not to be

employed.
86. Powers of entry and inspection.

PART IX

87. Regulations.
88. Certain additions not to be made to milk, and certain

liquids not to be sold as milk.
89. Appointment of milk analyst and provision of

instruments.
90. Analyst's certificate when milk found to be impure.
91. Analyst's fee.
92. Proof of conditions of milk at time of sale.
93. Analyst's certificate prima facie evidence but analyst may

be called as witness.

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Public Health (CAP. 353 5

Section
94. Power of entry.
95. Prevention of use of milk from diseased cows.
96. Regulations as to presumptive evidence of adulteration

of milk.
97. Provisions as to ice-cream likely to cause milk-borne

disease.

PART X

98. Regulations.
99. Regulations with respect to the handling, wrappinyetc.

of food and the sale of food in the open air.

PART XI

INFECTIOUS DISEASES

100. Declaration of infectious disease.
10 1 . Provision of isolation hospitals and camps.
102. Board to deal with dangerous infectious diseases.
103. Board to order execution of works in certain cases.
104. Notification of infectious diseases.
105. Form of certificates.
106. Powers of entry.
107. Removal to isolation hospital.
108. Infected person not to carry on occupation.
109. Infected clothes not to be sent to laundry, etc.
110. Filthy and dangerous articles to be purified.
11 1. Child suffering from dangerous infectious disease not

to attend school.
1 12. Provision as to library books.
113. Prohibiting conveyance of persons with dangerous

infectious disease in public vehicles.
114. Penalty on failing to provide for the disinfection of

public vehicles.
1 15. Driver or owner of vehicle conveying dangerous infected

persons to give notice.
116. Disinfection of public vehicles if used for carrying

corpse.
11 7. Disinfection of premises to check or prevent spread of

disease.

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CAP. 353) Public Health

Section

118. Penalty for letting dangerous infected houses.
119. Power of Magistrate to order removal of dead body.
120. Bodies of persons dying of dangerous infectious disease

in hospital, etc. to be removed only for burial.
121. Wake not to be held over body of person dying of

dangerous infectious disease.
122. Provision of nursing attendance.
123. General powers to enter and carry out work.
124. Trades which persons suffering from a dangerous

infectious disease shall not carry on.
125. Publication and effect of regulations.
126. Special powers of Cabinet.

PART XI1

MOSQUITOES AND HOUSE SPRAYING WITH INSECTICIDE

127. Regulations for prevention of mosquitoes.

PART XI11

SCHOOL HYGIENE

128. Sanitary control.
129. List of scholars to be furnished where pupil in school

is suffering from an infectious disease.
130. Regulations.
131. Penalty.

PART XIV

RESTRICTION O N TREATMENT OF VENEREAL DISEASE AND
UNDESIRABLE ADVERTISEMENTS

132. Prevention of the treatment of venereal disease other-
wise than by duly qualified persons.

133. Prohibition of advertisements relating to venereal
disease.

134. Prohibition of advertisements relating to certain other
diseases.

135. Prohibition of advertisements relating to abortion.
136. Penalties.

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Public Health (CAP. 353

Section
PART XV

OFFENSIVE TRADES

137. Consent of Board.
138. Regulations governing offensive trades.

PART XVI

139. Licensing of slaughterhouses.
140. Regulations.
141. Default of owners in complying with regulmns.
142. Default in payment of expenses.

PART XVII

BARBERS' AND SIMILAR SHOPS

143. Regulations.

PART XVIII

FACTORIES AND WORKSHOPS

144. Regulations.

PART XIX

145. Return by owner of barrack.
146. Register of common lodging houses and barracks.
147. Evidence.
148. Lodging house or barrack not to be occupied unless

registered.
149. Premises to be inspected before registration.
150. Penalty for using unregistered premises.
15 1. Burden of proof as to persons being of same family.
152. Regulations.
153. Default in complying with regulations or Act.
154. Cancelling registration.
155. Conditions on which barrack may be established.
156. Existing barracks.

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Section
PART XX

DISPOSAL OF THE DEAD, CEMETERIES AND GRAVEYARDS

157. Portion of cemetery may be assigned to a denomination.
158. Funeral services at burials in public cemeteries.
159. Regulations as to cemeteries.
160. Regulations as to interment or embalming of human

corpses.
16 1. Disinterment of bodies.
162. Disinterment to be supervised by the applicant.
163. Penalty for breach of conditions by applicant.
164. Penalty for breach of agreement by persons employed

by applicant.
165. Penalty for disinterment without permission.
166. Cremation.
167. Closure of cemeteries.
168. Subsequent burials therein unlawful.
169. Disused cemeteries.
170. "Body" includes remains.

PART XXI

17 1 . Delegation of powers.
172. General power of entry.
173. Obstruction.
174. Bribery.
175. Obstruction of owner by occupier.

PART XXII

176. Confirmation of regulations.
177. Penalties for breaches of regulations.
178. Recovery of costs and expenses and interest.
179. Recovery of penalties and procedure.
180. Authentication of notices, etc.
181. Service of notices, etc.
182. Nuisance caused by, or existing on, premises of two

or more owners.
183. Proceedings not to abate by reason of death.
184. Owner of premises need not be otherwise designated.

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Public Health (CAP. 353 9

Section

185. Appeals.
186. Forms.
187. Saving.
188. Repeal. Saving of subsidiary legislation.

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE

-.

PUBLIC HEALTH

1. This Act may be cited as the Public Health Act. Short title.

2. In this Act- Interpretation.

"animal7' means cattle, buffalo, horses, mules, asses,
sheep, swine, goats, dogs, cats and all animals of
whatsoever kind whether similar to the foregoing
or not and includes bird;

"barrack7' or "barracks" includes any temporary
building or collection of temporary buildings
divided into rooms occupied singly or in sets by
persons, and to which there are a common yard
and common conveniences;

"Board" means the Central Board of Health constituted
under this Act;

"building" includes a chattel house and any structure
of whatsoever material constructed, but does not
include a temporary structure of poles, mud, grass
or leaves;

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CAP. 353) Public Health

"carrier" when used with reference to infectious disease,
means a person having in his nose or throat or in
his excretions or discharges the germ of any
infectious disease, though he may exhibit no other
sign or symptom of that disease;

"cesspit" means any receptacle for nightsoil or 'for
offensive matter below or above the ground;

"common lodging house" means that class of lodging
house, not being a hotel, inn, or public house in
which persons are received for short periods, and
though strangers to one another are allowed to
inhabit one common room, and includes, in any
case in which a part of a house is used as a com-
mon lodging house, that part of the house;

"contact" when used with reference to infectious disease
means a person who has been exposed to the risk
of infection from an infectious disease, within a
period which does not exceed the prescribed period
of incubation of that disease;

6 < conveniences" include water supply, privies, surface
and other drains;

"dairy" includes any farm, farmhouse, cowshed,
milkstore, milk shop, or other place from which
milk is supplied or in which milk is kept for the
purpose of sale;

6 6 dairyman" includes any cowkeeper, goatkeeper,

purveyor or seller or hawker of milk, or person in
charge of a dairy;

"district" means a Sanitary District appointed and
declared under paragraph (a) of section 12;

"dwelling house" means any building used or con-
structed or adapted to be used wholly for human
habitation;

< < earth closet" means a closet having a movable recep-
tacle for the reception of fzcal matter and its

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Public Health (CAP. 353 1 1

deodorization by the use of earth, ashes, or
chemicals, or by other methods;

"habitable room" means a room constructed or adapted
to be inhabited;

"infectious disease" means anthrax, chicken pox,
cholera, dengue, diphtheria, dysentery, food
poisoning, infectious encephalitis, influenza,
leprosy, malaria, measles, meningococcal menin-
gitis, ophthalmia neonatorum, paratyphoid fever,
plague, pneumonia, poliomyelitis, puerpal fever,
rabies, relapsing fever, schistosomiasis, small pox,
early active syphilis, venereal diseases other-than
syphilis, tetanus, tuberculosis (all forms), typhoid
fever, typhus, undulent fever, Weil's disease,
whooping cough, yaws, yellow fever, and any other
disease which the Governor-General by proclama-
tion under section 100, declares to be an infectious
disease within the meaning of this Act;

"dangerous infectious disease" means cholera, plague,
rabies, small pox, typhus fever, yellow fever, and
any other infectious disease which the Governor-
General, by proclamation under section 100
declares to be a dangerous infectious disease within
the meaning of this Act;

"inhabited" applied to a room means a room in which
some person passes the night, or which is used as
a living room including a room with regard to which
(until the contrary is proved) there is a presump-
tion that some person passes the night therein or
that it is used as a living room;

"injurious" includes dangerous;

"Medical Officer of Health" means the officer for the
time being performing the duties of Chief Medical
Officer or such other medical officer as the
Governor-General may appoint by notice in the
Gazette to be Medical Officer of Health;

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12 CAP. 353) Public Health

"medical officer of health of a district" means such
person as may be appointed under subsection (2)
of section 12 to be a medical officer of health of
a district;

"new building" means-

(a) an entirely new erection;

(6) any building re-erected after being
pulled down wholly or in part to the level of
the ground floor;

(c) any building converted into, but not
originally constructed as, a dwelling house;

(4 any building originally constructed for
one dwelling house, converted into more than
one dwelling;

( e ) any building originally serving as a
dwelling house but converted to some other
purpose;

"nuisance" means anything which is capable of being
abated either by the person or persons concerned
or by the Board;

6 c occupier" means in the case of a building or part of
a building, a person in occupation of or having the
charge, management or control of the building or
part of the building, and in the case of a house the
whole of which is let out in separate tenements,
or in the case of a lodging house the whole of which
is let to lodgers, includes the person receiving the
rent payable by the tenants or lodgers, either on
his own account or as the agent of another person
in charge thereof;

' 'offensive" includes noxious;

"offensive trade" means any trade specified in the Fifth
Schedule or which may from time to time be added
by resolution of the Board published in the Gazette;

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Public Health (CAP. 353 13

' 6 owner" includes every person in possession of or in
receipt of either the whole or any part of the rents
or profits of any land or tenement, whether in his
own right or as trustee or personal representative,
committee, husband or guardian of any other
person, or in the occupation of such land or tene-
ment, other than as a tenant from year to year,
or for any less term, or as a tenant at will;

" premises" includes messuages, buildings, lands,
easements, and hereditaments of any tenure,
whether open or enclosed, whether built on or not,
whether public or private, and whether maintained
or not under statutory authority, and any-ip,
vessel, boat, hulk, barge, tent, van, shed or similar
structure;

< 6 privy" includes earth closet, water closet, urinal and
every place for the reception of faecal matter;

"public building" means a building used or constructed
or adapted to be used, either ordinarily or occa-
sionally as a church or chapel or other place of
public worship, or as a hospital, workhouse, college,
school (not being merely a dwelling house so used),
theatre, public lecture room, public exhibition
room, public hall, public concert room, public ball
room, or as a public place of assembly for persons
admitted thereto by tickets or otherwise or used
or constructed or adapted to be used either
ordinarily or occasionally for any public purpose;

"public health inspector" means officer of the Health
Department who has been appointed to carry out
the duties of a public health inspector;

6 6 sanitary convenience" includes urinals, water closets,
earth closets, privies, ashpits and any similar
convenience;

"sanitary engineer" includes engineering assistant and
any officer for the time being performing sanitary
engineering duties for the Government;

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14 CAP. 353) Public Health

< ' scavenger7' means any person lawfully engaged in

scavenging and cleansing of any particular district;

"shop" means any premises where any retail or - wholesale trade or business is carried on and
includes any warehouse occupied for the purposes
of his trade by any person carrying on any retail
trade or business or by any wholesale dealer or
merchant;

"street" includes any highway and any public bridge,
road, lane, footway, square, court, alley or passage,
whether a thoroughfare or not;

< ' tenement house" includes any building or collection
of buildings divided into rooms occupied singly or
in sets by persons, and to which there are a com-
mon yard and common conveniences;

" venereal disease" means syphilis, soft chancre, gonor-
rhoea, lymphopathia venereum or granuloma
inpinale;

"water closet" means a closet which has a separate fixed
receptacle connected with a drainage system and
separate provision for flushing from a supply of
clean water by the operation of mechanism or by
automatic action.

Definition of the
City of Saint

3. For the purposes of this Act the limits of the City
John's and city of Saint John's shall be deemed and taken to be as set out
limits.
First Schedule.

in the First Schedule and the expression "City of Saint
John's" includes all the lands and buildings within the said
limits.

PART I

Central Board of 4. For the purpose of this Act, there is hereby con-
Health. stituted an authority to be called the Central Board of Health,

consisting of nine members, to be appointed by the Governor-
General and to hold office during pleasure for a period not
exceeding two years. The Governor-General may remove
any such member and appoint any person in place of a
member so removed, or in the place of any member dying,

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Public Health (CAP. 353 15

or resigning, or becoming incapable of acting, or being absent
from Antigua and Barbuda or failing without leave to attend
the meetings of the Board for three consecutive months.

5 . (1) The Central Board of Health shall be a body Board to be a
corporate with the name of the Central Board of Health, ~ ~ ~ ~ ~ , " ' f " ~
and may sue and be sued under that name, and shall have common seal.
perpetual succession and a common seal.

(2) All courts of law, Judges, Magistrates, Justices, and
persons acting judicially shall take judicial notice of the
common seal of the Board when affixed to any document,
and shall presume that it was duly affixed.

6. Parliament may place at the disposal of the Board Funds.
such funds as may be necessary for carrying out their duties
under this Act.

7. It is hereby declared that membership of the Board, r:mp';z:i,p of
whether with or without remuneration or other allowance, public office.
does not constitute the holding of a public office.

8. (1) The Chief Medical Officer shall be ex-officio of the
chairman of the Board. composition and

office.

(2) The chairman shall preside at all meetings of the
Board at which he is present. In his absence such member
as may be elected by the majority of the members present
shall preside.

(3) At any meeting of the Board five members shall form
a quorum and the chairman shall have a second or casting
vote.

(4) The Board shall have an office in St. John's.

(5) The Cabinet may authorize the payment out of such
funds as may be placed at the disposal of the Board under
section 6 of such sum or sums by way of remuneration or
other allowance to the chairman and other members of the
Board as they think fit:

Provided that the Chief Medical Officer being ex-officio
chairman of the Board and any other public officer who is

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16 CAP. 353) Public Health

a member of the Board shall not be entitled to receive any
such remuneration or allowance.

Rules of
procedure.

9. The Board may make rules as to its own pro-
ceedings under this Act and as to the performance by its
officers of their duties and as to the carrying out of the powers
vested in the Board by this Act.

Secretary and
officers of the

10. The Governor-General may, upon the recom-
Board. mendation of the Board, appoint a Secretary to the Board

and such officers and servants as may be necessary.

Duties of the
Board. 1 . It shall be the duty of the Board-

(a ) to advise the Governor-General when so
required on all subjects connected with the health of
Antigua and Barbuda.

(b ) generally to take all steps as may be desirable
to secure the preparation, effectual carrying out and
coordination of measures conducive to public health;

(6) from time to time to report to the Governor-
General on the existence of any cause which in their
opinion may be likely to endanger the health of the in-
habitants of Antigua and Barbuda, and to make such
re~ommendation~as they may deem advisable as to the
prevention of diseases and the preservation of public
health;

(d) to arrange for the publication of information
on questions relating to health and disease and for the
delivery of lectures and the display of posters and films.

Declaration of 12. (1) The Cabinet may from time to time by order
Sanitary District. appoint and declare any part or portion of Antigua and

Barbuda to be a Sanitary District for the purpose of this
Act and in such order shall state the name or number by
which such Sanitary District shall thereafter be known or
described.

(2) The Governor-General may appoint any Govern-
ment medical practitioner to be the medical officer of health
of a district.

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Public Health (CAP. 353 17

(3) In this section "Government medical practitioner"
means a medical practitioner holding an appointment in the
government service.

13. (1) The Board may make regulations with respect Training and
certification of to the instruction and examination of persons desiring to public health

qualify as public health inspectors and the issue of certificates inspectors-
to successful candidates at such examination.

(2) Public health inspectors qualified and certificated
as provided in subsection (1) may be appointed by the
Governor-General on such terms and conditions as the
Governor-General may think fit and for the performance of
such duties as may be prescribed by the Board.--

14. (1) The Board may appoint out of their own body z,"B",'iI;s of
such and so many committees either of a general or special -
nature, and consisting of such number of persons as they
may think fit, for any of the purposes within their powers
under this Act which in the opinion of the Board would be
better regulated and managed by means of such committees.

(2) The Board may make regulations with respect to
the number, chairmanship, quorum, and powers of any such
committees.

(3) Every committee of the Board shall, unless expressly
authorized by its terms of reference, report its proceedings
to the Board.

(4) The Board may delegate to any such committee any
of the powers or duties vested in or imposed on the Board
by this Act, and may, if the Board think fit, direct that the
acts and proceedings of such committee shall not be required
to be submitted to the Board for approval; and in any such
case the acts and proceedings done and taken by the com-
mittee shall be done and taken in the name of the Board
and shall be as valid and binding as if such acts and pro-
ceedings had been done and taken by the Board.

15. The Board may cause to be made such enquiries Fz;;;htO
as they think fit in relation to any matter with respect to ,,tters.
which their sanction, approval or consent is required by this

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18 CAP. 353) Public Health

Act, and for that purpose any persons authorized in writing
by the Board may at any reasonable time enter any premises.

PART I1

SCAVENGING AND CLEANSING

Board to provide 16. (1) The Board shall direct or undertake the
for scavenging
and cleansing. efficient execution of the following services, namely-

(a) the removal of the house refuse and other
rubbish from any premises;

(6) the cleansing and disinfection of buildings or
parts thereof, the cleansing and disinfection of privies,
dustbins and drains, and the collection, removal and
disposal of nightsoil, upon such charges as the Board
may from time to time fix;

( c ) the sweeping, cleansing and watering of streets;

(6) the provision and maintenance in a sanitary
condition, of suitable places, buildings and appliances
for the deposit and destruction of refuse, rubbish and
nightsoil.

( 2 ) Every person who hinders or obstructs any person
lawfully engaged in the scavenging or cleansing of any
particular district shall be guilty of an offence and liable on
summary conviction to a fine not exceeding two hundred
and fifty dollars.

Throwing of 17. (1) No offensive matter, whether animal or
offensive matter
in public places. vegetable, shall be thrown or placed or allowed to flow or

fall on any street, foreshore or other public place or in any
drain or watercourse.

( 2 ) No dead animal, offal, garbage or putrid flesh or
fish shall be thrown into any privy or cesspit.

(3) "Offensive matter" in this section includes dead
animals, offal, swill, brine, drainings from salt fish or salted
meat and garbage.

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Public Health (CAP. 353 19

(4) Any person contravening the provisions of this
section shall be guilty of an offence and liable on summary
conviction to a fine not exceeding fifty dollars.

18. The Board shall have power to make regulations Power to make
regulations.

with respect to the following matters-

(a) preventing the accumulation of dirt, dust, filth,
ashes and refuse on premises and the duties of owners
or occupiers with regard thereto;

(b) for prescribing the size, make and material of
dustbins or removable receptacles for refuse to be pro-
vided by the owners or occupiers of premises, and the
places where, and the times at which, such dustbins and
receptacles shall be deposited for facilitating the reToval
of their contents by the Board;

(c) the duties of the Board and of owners or
occupiers in connection with house refuse so as to
facilitate the removal of such house refuse by the
scavengers;

(d) regulating the situation, construction, drainage
and use of stables and the disposal of manure;

( e ) for prescribing the times for the removal or
carriage through the streets of any faecal or offensive
matter or liquid;

Cf) for providing that the vessel, receptacle, cart
or carriage used therefor shall be properly constructed
and covered so as to prevent the escape of any such
matter or liquid;

(g) for compelling the cleansing of any place
whereon such matter or liquid shall have been dropped
or spilt in such removal or carriage;

(h ) for prescribing that no person shall engage in
the business of carrying or removing faecal or offensive
matter or liquid except with a permit from the Board;

(9 for prescribing that the owner or occupier of
any premises from which faecal or offensive matter or
liquid is at any time carried or removed by a person
who has not a permit from the Board shall be guilty
of an offence.

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2 0 CAP. 353) Public Health

PART I11

Duty of Board to
inspect for

19. It shall be the duty of the Board to cause to be
detection of made from time to time inspection of the districts with a
nuisances. view to ascertain what nuisances exist calling for abatement

under the powers of this Part, and to enforce the provisions
of this Part for the purpose of abating the same, and other-
wise to put in force the powers vested in them relating to
public health, so as to secure the proper sanitary condition
of all premises within the districts.

What nuisance
may be abated
summarily.

20. For the purposes of this Act-
(a ) any premises or part thereof, of such construc-

tion or of such decayed, ruinous, filthy or unwholesome
state or condition as to be injurious or likely to be
injurious to safety or health;

(b ) any street, ditch, sink, cistern, pool, borrowpit,
watercourse, drain, gutter, privy, dustbin or manure
pit so foul or in such a state or so situated as to be a
nuisance or injurious to health;

(c ) any stable, cowshed, pigsty or other building
in which any animal or animals are kept in such a
manner or in such numbers as to be a nuisance or
injurious to health;

(d) any animal so kept as to be a nuisance or
injurious to health;

(e) any accumulation or deposit of any material
wherever situated which is a nuisance or injurious to
health or likely to become so, which harbours or acts
as a shelter or serves as a breeding place for insects or
vermin that are reputed or known to convey infectious
disease, or which contains or harbours or shelters such
insects in any stage of their development or vermin or
which is likely to do so;

Cf) any work, manufacture, trade or business
injurious to the health of the neighbourhood or so con-
ducted as to be a nuisance or injurious to health;

Cg) any grounds, yard or enclosure forming part
of or attached to premises which are not kept clean and

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 2 1

clear of filthy or decaying or offensive animal or
vegetable matter;

(h) any house or part of a house or other structure
used for human habitation so overcrowded as to be
injurious to the health of the inmates, whether or not
members of the same family, or where the number of
persons per unit of cubic capacity of floor space exceeds
the number permissible by law or regulation;

(i) any school-house, workroom, shop, office,
factory, workshop or other place of business-

(i) so unclean as to be a nuisance or injurious to
health, or -

(ii) not so ventilated as to render harmless, as far
as practicable all gases, vapours, dust or other
impurities generated in the course of the work
carried on therein that are a nuisance or
injurious to health, or

(iii) so overcrowded as to be injurious to the health
of the persons therein employed, or

(iv) not provided with sufficient privy
accommodation;

@ any offensive trade or business so carried on
as to be injurious to health or unnecessarily offensive
to the public;

(k) the drainage, refuse or washing of any town,
village or building falling into any harbour, river, water-
course, ravine, pond, ditch or on any foreshore so as
to be a nuisance or injurious to health;

(0 any churchyard, cemetery or place of sepulture
so situated or so crowded or otherwise so conducted as
to be a nuisance or injurious to health;

(m) any well or water supply, whether public or
private, used for domestic purposes, or the use whereof
for domestic purposes, would be injurious to health;

(n) any chimney emitting black smoke in such
quantity as to be a nuisance;

( 0 ) any premises on which mosquito or fly breeding
is found;

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 353) Public Health

( p ) any act not warranted by law or any omission i
to discharge a legal duty, which act or omission affects
or is liable to affect adversely the public health or safety,

shall be deemed to be a nuisance liable to be dealt with sum-
marily in manner prescribed by this Act:

Provided that-

( a ) any accumulation or deposit necessary for the
effectual carrying on of any business or manufacture
shall not be punishable as a nuisance under this sec-
tion, if it is proved to the satisfaction of the court that
the accumulation or deposit has not been kept longer
than is necessary for the purposes of the business or
manufacture, and that the best available means have
been taken for preventing injury to health thereby; and

( b ) in considering whether any dwelling house or
part of a dwelling house which is also used as a factory,
workshop or workplace or whether any factory, work-
shop or workplace used also as a dwelling house, is a
nuisance by reason of overcrowding, the court shall have
regard to the circumstances of such other user.

Information of 2 1. Information of a nuisance liable to be dealt with
nuisances to the
Board. summarily under this Part may be given to the Board by

any person, and it shall be the duty of every officer of the
Board to give such information.

Notice requiring
abatement of

22. (1) O n the receipt of any information respecting
nuisance. the existence of a nuisance liable to be dealt with summarily

under this Part, the Board shall, if satisfied of the existence
of a nuisance, serve a notice on the person by whose act,
default or sufferance the nuisance arises or continues, or,
if such person cannot be found, on the occupier or owner
of the premises on which the nuisance arises, requiring him
to abate the nuisance within the time specified in the notice,
and to execute such work and to do such things as may be
necessary for that purpose, and, if the Board think it desirable
(but not otherwise), specifying any works to be executed.

(2) The Board may also, by the same or another notice a
served on such occupier, owner or person, require him to B i
do what is necessary for preventing the recurrence of the

f
nuisance, and, if they think it desirable, specify any works 1

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 2 3

to be executed for that purpose, and may serve the notice
notwithstanding that the nuisance may for the time being
have been abated, if the Board consider that it is likely to
recur on the same premises:

Provided that-

( a ) where the nuisance arises from any want or
defect of a structural character, or where the premises
are unoccupied, or consist of a tenement or barrack yard,
the notice shall be served on the owner;

( 6 ) where the person causing the nuisance cannot
be found, and it is clear that the nuisance does not arise
or continue from the act, default or sufferance &the
occupier or owner of such premises, the Board may
themselves abate the same and may do what is necessary
to prevent the recurrence thereof;

(c) where a medical officer of health of a district
certifies to the Board that any house or part of a house
in his district is so overcrowded as to be injurious to
the health of its inmates, whether or not members of
the same family, the Board shall take proceedings under
this section for the abatement of such nuisance.

(3) Where a notice has been served on a person under
this section and either-

(a ) the nuisance arose from the wilful act or default
of the said person; or

( b ) such person makes default in complying with
any of the requisitions of the notice within the time
specified,

he shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding two hundred and fifty dollars
for each offence, whether any such nuisance order as is in
this Part mentioned is or is not made upon him:

Provided that in the event of immediate action becom-
ing, in the opinion of the chairman of the Board, necessary
to deal with a nuisance the abatement of which is certified
by a medical officer of health of a district to be urgent, the
chairman of the Board may take all such steps and do all
such things as the Board is empowered to do for the purpose
of abating a nuisance under this Part.

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 353) Public Health

On non-
compliance with 23. (1) If either-
notice, order to
be made. (a) the person on whom a notice to abate a nuisance

is served as aforesaid makes default in complying with
.any of the requisitions thereof within the time specified;

or

(b) the nuisance although abated since the service
of the notice, is, in the opinion of the Board, likely to
recur on the same premises,

the Board shall make a complaint before a Magistrate, and
such Magistrate may make on such person a summary order
(in this Part referred to as a nuisance order).

(2) A nuisance order may be an abatement order, a
prohibition order or a closing order or a combination of such
orders.

(3) An abatement order may require a person to comply
with all or any of the requisitions of the notice, or otherwise
to abate the nuisance within the time specified in the order.

(4) A prohibition order may prohibit the recurrence of
a nuisance.

(5) An abatement order or a prohibition order, shall,
if the person on whom the order is made so requires, or
the Magistrate considers it to be desirable, specify the works
to be executed by such person for the purpose of abating
or preventing the recurrence of the nuisance.

(6) A closing order may prohibit a dwelling house from
being used for human habitation.

(7) A closing order under this Part shall only be made
where it is proved to the satisfaction of the Magistrate that
by reason of a nuisance a dwelling house is unfit for human
habitation, and if such proof is given the Magistrate shall
make a closing order and may impose a fine not exceeding
five hundred dollars.

(8) The Magistrate when satisfied that the dwelling
house has been made fit for human habitation, may declare
that he is so satisfied and cancel the closing order.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 2 5

(9) If a person fails to comply with the provisions of
a nuisance order with respect to the abatement of a nuisance,
he shall, unless he satisfies the Magistrate that he has used
all due diligence to carry out such order, be guilty of an
offence and liable on summary conviction to a fine not
exceeding twenty-five dollars a day during his default; and
if a person knowingly and wilfully acts contrary to a pro-
hibition or closing order, he shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
fifty dollars a day during such contrary action.

(10) The Board may enter the premises to which a
nuisance order relates, and abate or remove the nuisance,
and do whatever may be necessary in execution of such order.

24. (1) Where a person appeals to a Judge of the t:;~,zb,;","I;,"t.
High Court against a nuisance order, no liability to a penalty
shall arise, nor, save as in this section mentioned, shall any
proceeding be taken or work done under such order until
after the determination or abandonment of such appeal.

(2) There shall be no appeal to a Judge of the High
Court against a nuisance order unless it is or includes a pro-
hibition order or closing order or requires the execution of
structural works.

(3) Where a nuisance order is made and a person does
not comply with it and appeals against it, and such appeal
is dismissed, or is abandoned, the appellant shall be liable
to a fine not exceeding twenty-five dollars a day during the
non-compliance of the order, unless he satisfies the court
before which proceedings are taken for imposing a penalty
that there was substantial ground for the appeal and that
the appeal was not brought merely for the purpose of delay;
and where the appeal is heard, the Judge may, on dismiss-
ing the appeal, impose the penalty as if the court were that
of the Magistrate.

(4) Where a nuisance order made on any person is
appealed against and the court which made the order is of
opinion that the continuance of the nuisance is injurious to
health, and that the immediate abatement thereof will not
cause any injury which cannot be compensated by damages,
the court may authorize the Board immediately to abate the

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 353) Public Health

nuisance; but the Board, if they do so, and the appeal is
successful, shall pay the cost of such abatement, and the
damages (if any) sustained by the said person by reason of
such abatement; but if the appeal is dismissed or abandoned,
the -3oard may recover summarily as a civil debt the cost
of the abatement from the said person.

When order may
be addressed to 25. Where it appears to the satisfaction of the
Board. Magistrate that the person by whose act, default or sufferance

a nuisance liable to-be dealt-with summarily under this Part
arises or the owner or occupier of the premises is not known
or cannot be found, then the nuisance order may be addressed
to, and if so addressed shall be executed by, the Board.

Sale of matter or
thing removed

26. Any matter or thing removed by the Board in
under abatement abating or doing what is necessary to prevent the recurrence
order. of a nuisance liable to be dealt with summarily under this

Part may be sold by public auction, or if the Board think
that the circumstances require it, may be sold otherwise, or
be disposed of without sale; and the money arising from the
sale may be retained by the Board and applied in payment
of the expenses incurred by them with reference to such
nuisance, and the surplus (if any) shall be paid on demand
to the owner of such matter or thing.

Power of entry. 27. The Board shall have the right to enter any
premises-

(a) for the purpose of examining as to the existence
thereon of any nuisance liable to be dealt with sum-
marily under this Part, at any hour by day, or in the
case of a nuisance arising in respect of any business,
then at any time when that business is in progress or
is usually carried on; and

(b) where under this Part, a nuisance has been
ascertained to exist, or a nuisance order has been made,
then at any such hour as aforesaid until the nuisance
is abated, or the works ordered to be done are com-
pleted or the closing order is cancelled as the case may
be; and

(c) where a nuisance order has not been complied
with or has been infringed, at all reasonable hours
including all hours in which business therein is in

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353

progress or is usually carried on, for the purpose of
executing the order.

28. All costs and expenses incurred in serving a Recovery of costs
and expenses.

notice, making a complaint or obtaining a nuisance order,
or in carrying the order into effect, or in abating or sup-
pressing any nuisance, shall be deemed to be money paid
to the use and at the request of the person on whom the
order is made, or if the order is made on the Board, or if
no order is made but the nuisance is proved to have existed
when the notice was served or the complaint made, then of
the person by whose act, default or sufferance the nuisance
was caused; and in the case of nuisances caused by the act
or default of the owner of the premises, such costs and
expenses may be recovered from any person who is for the
time being owner of such premises in any court of competent
jurisdiction.

29. If a person causes any drain, privy or dustbin f';F&;;ivy,
to be a nuisance or injurious to health by wilfully destroying drain dustbin
or damaging the same, or any water supply, apparatus, pipe to

nuisance.
or work connected therewith. or bv otherwise wilfullv s t o ~ -

1

ping up or wilfully interfering with or improperly using the
same or any other such water supply, apparatus, pipe or
work, he shall be guilty of an offence and liable on sum-
mary conviction to-a fine not exceeding two hundred and
fifty dollars.

30. (1) Complaint of the existence of a nuisance liable ?'owe: of
lndlv~dual to

to be dealt with summarily under this Part on any premises to a
may be made by any person and thereupon the like pro- Magistrate of

nuisance.
ceedings shall be had with the like incidents and consequences
as to making of orders, penalties for disobedience of orders,
appeals and otherwise, as in the case of a like complaint by
the Board:

Provided that the Magistrate may, if he thinks fit-

(a) adjourn the hearing or further hearing of the
complaint for the purpose of having an examination of
the premises where the nuisance is alleged to exist, and
may authorize the entry into such premises of any con-
stable, or other person for that purpose; and

LAWS OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

Regulations
controlling
keeping of
animals.

City houses to be
provided with
proper privy
accommodation
and drains.

( 6 ) authorize any constable, or other person to do
all necessary acts for executing an order made on a
complaint under this section, and to recover the expenses
from the person on whom the order is made in a sum-
mary manner.

(2) Any constable or other person authorized under this
section shall have the like powers and be subject to the like
restrictions as if he were an officer of the Board authorized
under the foregoing provisions of this Part to enter any
premises and do any acts therein.

PART IV

KEEPING OF ANIMALS

3 1. The Board may make regulations for all or any
of the following purposes-

( a ) defining what animal or classes of animals may
be kept in the City or in certain parts thereof;

( 6 ) the conditions under which animals may be
kept, whether in the City or elsewhere in Antigua and
Barbuda; and

(c) generally for the better and more effectual
carrying out of this Part.

PART V

PRIVIES, DRAINS AND PUBLIC BATHS

32. (1) The owner of every dwelling house or lot of
land in the City of Saint John's shall provide proper privy
accommodation and proper drains for the occupier or
occupiers of such dwelling house or lot of land and in case
such owner shall let the same to the occupiers of movable
houses he shall provide proper privy accommodation and
drains for the occupants of such movable houses as the Board
may deem fit.

(2) Every person who does or causes to be done anything
in contravention of this section shall for every offence be
liable on summary conviction to a fine not exceeding one
thousand dollars.

i LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 29

33. Privy accommodation shall not be deemed to be When privy
accommodation proper within the meaning of this Act unless it is of such proper.

class or description and is furnished with such coverings,
fittings and connections as the Board may prescribe or direct.

34. (1) If any house in the City of Saint John's Board may
enforce appears by the report of a public health inspector to be provisions of

without proper privy accommodation, the Board shall, by I : L Y , ~ ~ ~ ~ ~ ~ ~ ~ ,
written notice, require the owner or occupier of the house,
within a reasonable time therein specified, to provide such
proper privy accommodation.

(2) If such notice is not complied with, thefkmrd may,
at the expiration of the time specified in the notice, do the
work thereby required to be done, and may recover as a
simple contract debt in any court of competent jurisdiction
from the owner the expenses incurred by them in so doing:

Provided that where a privy has been and is used in
common by the inmates of two or more houses, or if in the
opinion of the Board a privy may be so used, the Board
need not require a separate privy to be provided for each
house.

(3) Every building used as a workshop or factory or
where persons are employed or intended to be employed in
any trade or business, shall be provided with sufficient and
suitable accommodation in the way of sanitary conveniences
having regard to the number of persons employed or in
attendance at such building, and also where persons of both
sexes are employed, or in attendance, with proper accom-
modation for persons of each sex.

(4) If it appears to the Board by the report of a medical
officer of health of a district or a public health inspector that
the provisions of subsection (3) are not complied with in the
case of any building, the Board may, if they think fit by
notice in writing require the owner or occupier of such
building to make such alterations and additions therein as
may be required to give sufficient, suitable and proper
accommodation as aforesaid.

(5) Any person who neglects or refuses to comply with
any such notice as mentioned in subsection (4) shall be liable

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 353) Public Health

on summary conviction for each default to a fine not
exceeding five hundred dollars, and to a further fine not ex-
ceeding one hundred dollars for every day during which the
default is continued.

Provision for
filling up cesspits 35. (1) If it shall appear to the Board by the report
and wells. of a medical officer of health of a district or ~ u b l i c health

inspector that any cesspit or other receptacle used or formerly
used as a receptacle for excreta or other offensive matter or
for the whole or any part of the drainage of a house, or that
any well or disused well belonging to any such house or part
of a house is prejudicial to health, or otherwise objectionable
for sanitary reasons, and that it is desirable that the same
be filled up or removed or so altered as to remove any such
objection as aforesaid, the Board may, if they think fit, by
notice in writing require the owner or occupier of such house
or part of a house, within a reasonable time to be specified
in the notice, to cause such cesspit, receptacle or well to be
filled up or removed, and any drain communicating therewith
to be effectually disconnected, destroyed or taken away, or
to cause such cesspit, receptacle or well to be so altered as
to remove any objection as aforesaid.

(2) Where it appears that any such cesspit, receptacle
or well is used in common by the occupiers of two or more
houses, or parts of houses, the notice for filling up or removal
of any such cesspit, receptacle or well may be served on the
owners or occupiers of such houses.

(3) If default is made in complying with the requisi-
tions of a notice under this section, the Board may themselves
carry out the requisitions, and may recover summarily as
a civil debt the expenses incurred by them in so doing from
the owners or occupiers in default.

Penalty for 36. Any person who within a quarter of a mile of
depositing
excreta, etc., any occupied building in any district, deposits human excreta
except in privy. or defecates anywhere except in a properly constructed privy,

shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding two hundred and fifty dollars.

Regulations with
respect to privies

37. The Board may make regulations for the whole
etc. of Antigua and Barbuda or any part thereof, with respect

to privies, drains and ashpits, and the proper accessories

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 3 1

thereof in connection with buildings, whether constructed
before or after the commencement of this Act.

38. The Board may provide public water closets, Provision of
water closets, privies, earth closets, public baths, wash houses and bathing .tc.. baths. wash

places, and make regulations therefor.
-

houses and
bathing places.

39. (1) The Board may make regulations for the ~ ~ ~ ~ ; t ~ ~ b ~ ; ; s ,
control of any baths, wash houses and bathing places under etc.
their management, and for the control of persons resorting
thereto, including the exclusion therefrom of undesirable
persons.

Any such regulation may, in addition to providing for
the imposition of penalties, empower any officer of the Board
to exclude or remove from any baths, wash house, or bathing
place under the management of the Board any person contra-
vening any of the regulations applicable to the premises in
question.

(2) A printed copy, or abstract, of the regulations
relating to any baths, wash house, or bathing place shall be
exhibited in a conspicuous place therein.

(3) There may be attached to a breach of any such
regulations a fine not exceeding one hundred dollars.

40. Any baths, wash house, or bathing place under Baths, etc., to be
public places for

the management of the Board shall be deemed to be a public purposes.
place for the purposes of any enactment relating to offences
against decency.

PART VI

PROVISION FOR THE DEMOLITION AND CLOSING OF
INSANITARY HOUSES

41. (1) Where the Board, upon consideration of an Power to order
demolition of

official representation, or a report from any of their officers, insanitary house.
or other information in their possession, are satisfied that
any house is unfit for human habitation and is not capable
at a reasonable expense of being rendered so fit, they shall
serve upon the person having control of the house, upon
any other person who is an owner thereof and so far as it
is reasonably practicable to ascertain such persons, upon

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 353) Public Health

every mortgagee thereof, notice of the time (being some time
not less than twenty-one days after the service of the notice)
and place at which the condition of the house and any offer
with respect to the carrying out of works, or the future user
of the house, which he may wish to submit will be considered
by them, and every person upon whom such notice is served
shall be entitled to be heard when the matter is so taken
into consideration.

(2) A person upon whom notice is served under sub-
section (1) shall, if he intends to submit an offer with respect
to the carrying out of works, within twenty-one days from
the date of the service of the notice upon him, serve upon
the Board notice in writing of his intention to make such
an offer and shall, within such reasonable period as the Board
may allow, submit to them a list of the works which he offers
to carry out.

(3) The Board may, if after consultation with any owner
or mortgagee, they think fit to do so, accept an undertaking
from him, either that he will within a specified period carry
out such works as will in the opinion of the Board render
the house fit for human habitation, or that it shall not be
used for human habitation until the Board, on being satisfied
that it has been rendered fit for that purpose, cancel the
undertaking.

(4) If no such undertaking as is mentioned in subsec-
tion (3) is accepted by the Board, or if, in a case where they
have accepted such undertaking, any work to which the
undertaking relates is not carried out within the specified
period, or the house is at any time used in contravention
of the terms of the undertaking, the Board shall forthwith
make a complaint before a Magistrate and such Magistrate
may make a demolition order requiring that the house shall
be vacated within a period to be specified in the order, not
being less than twenty-eight days from the date on which
the order becomes operative, and that it shall be demolished
within six weeks after the expiration of that order or, if the
house is not vacated before the expiration of that period,
within six weeks after the date on which it is vacated, or
in either case within such longer period as in the circum-
stances the Magistrate deems it reasonable to specify, and
shall serve a copy of the order upon every person whom the

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 3 3

Board would be required by subsection (1) to serve a notice
issued by them under that subsection.

42. The Board may, under this Part take the like zzgt:rzk:Sa
proceedings in relation to any part of a building which is to part of a
occupied or is of a type suitable for occupation, or in rela-
tion to any underground room which is for the purposes of
this section to be deemed to be unfit for human habitation,
as they are empowered to take in relation to a house, sub-
ject, however, to this qualification that, in the circumstances
in which, in the case of a house, the Magistrate would have
made a demolition order, he shall make a closing order
prohibiting the use of the part of the building or &e room,
as the case may be, for any purpose other than a purpose
approved by the Board but-

( a ) the approval of the Board shall not be un-
reasonably withheld; and

(6) the Magistrate shall determine the closing order
on being satisfied that the part of the building or the
room to which it relates has been rendered fit for human
habitation.

43. The Board may by notice in writing require the Board
require cleansing

whitewashing, cleansing, purifying within a time to be of houses.
specified in such notice of any house, outbuilding or other
place. Such notice shall be served upon the owner thereof,
and if he shall fail to comply with the same within the time
specified therein, he shall be liable on summary conviction
to a penalty not exceeding one thousand dollars. And it shall
be lawful for the Board to cause such house, building or place
to be whitewashed, cleansed or purified and the expense
incurred in so doing shall be repaid by the owner and shall
be recoverable summarily before a Magistrate.

44. When any act ordered, directed or required under In case of
poverty of the

or by virtue of the provisions of this Act to be performed of
by any owner or occupier of any premises shall be omitted premises, work

may be done at to be done by reason of the inability of such owner or occupier public expense.
through poverty to perform the same, the Board, if satisfied
as to the reason for the omission, may without waiting for
the expiration of the period limited by or under this Act for
the performance by the owner or occupier of such work caufe
the necessary work to be performed, and the Governor-

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 353) Public Health

Penalty for using
premises in
contravention of
closing order or
of an
undertakin~.

Appeal.

General may, by warrant under his hand, direct the cost
of the same to be paid from the public Treasury.

45. Any person who, knowing that a closing order
has bqcome operative and applies to any premises, or that
an undertaking has been given under this Part that any
premises shall not be used for certain purposes specified in
the undertaking, uses those premises in contravention of the
order or undertaking, or permits them to be so used, shall,
on summary conviction, be liable to a fine not exceeding
two hundred and fifty dollars for every day or part of a day
on which he so uses them, or permits them to be so used,
after conviction.

46. (1) Any person aggrieved by-
(a) a notice under this Part requiring the execu-

tion of works;

(b) a demand for the recovery of expenses incurred
by the Board in executing works specified in any such
notice;

(c) an order made by the Board with respect to any
such expenses;

(d) a demolition order made under this Part;
( e ) a closing order or refusal to determine a closing

order made under this Part;

(f) a withholding of approval in relation to the use
for any purpose of premises in respect of which a closing
order under this Part is in force,

may within twenty-one days after the date of the service of
the notice, demand or order, or after the refusal, as the case
may be, appeal to a Judge of the High Court who shall first
hold a sitting of either the High Court or a Court of Sum-
mary Jurisdiction, and no proceedings shall be taken by the
Board to enforce any notice, demand or order in relation
to which an appeal is brought before the appeal has been
finally determined:

Provided that-

(i) on an appeal under paragraph (6) or para-
graph (c) no questions shall be raised which

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 35

might have been raised on an appeal against
the original notice requiring the execution of
the works; and

(ii) no appeal shall lie under paragraph (d) or
paragraph (e) at the instance of a person who
is in occupation of the premises to which the
order relates under a lease or agreement of
which the unexpired term does not exceed
three years.

(2) O n an appeal under this section-

(a) the Judge may make such order either confirm-
ing or quashing or varying the notice, demand or order
as he thinks fit, and he may, if he thinks fit, accept from
an appellant any such undertaking as might have been
accepted by the Board and any undertaking so accepted
by the Judge shall have the like effect as if it had been
given to and accepted by the Board under this Part; and

(b) where the Judge allows an appeal against a
notice requiring the execution of works to a house, he
shall if requested by the Board to do so, include in his
judgment a finding whether the house can or cannot
be rendered fit for human habitation at a reasonable
expense:

Provided that the Judge shall not accept from any
appellant upon whom such notice as is mentioned in
subsection (1) of section 41 was served an undertaking
to carry out any works, unless the appellant complied
with the requirements of subsection (2) of that section.

(3) For the purpose of this Part, the withdrawal of an
appeal shall be deemed to be a final determination thereof,
having the like effect as a decision confirming the notice,
demand or order, or decision appealed against and, subject
as aforesaid, an appeal shall be deemed to be finally deter-
mined on the date on which the decision of the court of appeal
is given, or in a case where no appeal is brought to the court
of appeal upon the expiration of the period within which
such an appeal might have been brought.

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 353) Public Health

Power of the
Board to make

47. The Board may pay to any person displaced from
allowances to a house, to which a demolition order under this Part, or
certain persons a closing order under this Part, as the case may be, applies,
displaced.

such reasonable allowances as thev mav think fit towards
his expenses in removing, and to any person carrying on
any trade or business in any such house they may pay also
such reasonable allowance as thev think fit towardsthe loss
which, in their opinion, he will sustain by reason of the
disturbance of his trade or business consequent on his having
to quit the house and in estimatin~ that lbss thev shall have

u

regard to the period for which the premises occupied by him
might reasonably have been expected to be available for the
purpose of his trade or business and the availability of other
premises suitable for that purpose.

PART VII

Application. 48. In the application of this Part any reference to
the City contained in any section shall be taken to apply
to and have force and effect within the City of Saint John's.

Interpretation. 49. (1) In this Part-

"animal" does not include bird;

"article", in relation to food, does not include a live
animal or a bird, but save as aforesaid includes in
the case of an animal, bird or fish the whole or
any part thereof;

"artificial cream" means an article of food which,
though not cream, resembles cream and contains
no ingredient which is not derived from milk except
water or any substance which may lawfully be con-
tained in an article sold as cream, being some
substance not injurious to health which in the case
of cream may be required for its production or
preparation as an article of commerce in a state
fit for carriage or consumption and which has not
been added fraudulently to increase bulk, weight
or measure or conceal inferior quality;

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 37

"butter" means the substance usually known as butter,
made exclusively from milk with or without salt
or other preservative, and with or without the
addition of colouring matter;

"cheese7' means the substance usually known as cheese,
containing no fat other than fat derived from milk;

" container" includes a package or receptacle of any kind
whether open or closed;

" cream" means that part of milk rich in fat &ch has
been separated by skimming or otherwise con-
taining not less the 18% fat;

" drug" includes medicine for internal or external use;

"food" means any article used as food or drink for
human consumption, other than drugs or water,
and includes-

(a) any substance which is intended for
use in the composition or preparation of food;

(6) any flavouring matter or condiment;
and

(6) any colouring matter intended for use
in food:

Provided that, notwithstanding anything
in this definition, the addition of any colour-
ing or flavouring matter or condiment to an
article used as food or drink shall be deemed
to be the addition of a substance to food;

"functions" includes powers and duties;

"Government chemist" means a Government chemist
or a public analyst prescribed by the Cabinet by
notice published in the Gazette to be a Government
chemist for the purposes of this Act whether such
Government chemist or public analyst is in the
service of the Government or is in the service of
the Government of, and resides in, any place out-
side Antigua and Barbuda;

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 353) Public Health

" ice-cream7' includes any similar commodity containing

any proportion of milk, powdered milk or
condensed milk:

"importer", in relation to an imported article, includes
any person who, whether as owner, consignor,
consignee, agent or broker, is in possession of, or
in any way entitled to the custody or control of,
the article;

" margarine" means any food, whether mixed with
butter or not, which resembles butter and is not
milk-blended butter:

" margarine-cheese" means any substance prepared in
imitation of cheese and containing fat not derived
from milk;

"milk-blended butter" means any mixture produced
by mixing or blending butter with milk;

" prepare", in relation to food, includes manufacture
and "preparation" shall be construed accordingly;

"separated", in relation to milk, includes skimmed;

"substance" includes a liquid;

" transit" includes all stages of transit from the dairy,
place of manufacture or other source of origin, to
the consumer;

< ' vessel" includes a receptacle of any kind, whether open
or closed.

(2) In this Part, unless the context otherwise requires,
reference to the medical officer of health of a district shall
be construed as including the Medical Officer of Health.

Restrictions on 50. (1) No person shall add, or direct or permit any
the addition of
other substances other Person to add-
to any food or
drug. ( a ) any substance to any food so as to render the

food injurious to health; or

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 3 9

(6) any substance to any drug so as to affect injuri-
ously the quality or potency of the drug,

with the intent that the food or drug may be sold in that state.

(2) No person shall sell, or have in his possession for
the purpose of sale, any food or drug to which any substance
has been so added.

(3) A person who contravenes any of the provisions of
this section shall be guilty of an offence and liable on sum-
mary conviction to a fine not exceeding three thousand dollars
or to a term of imprisonment not exceeding six months.

5 1. (1) No person shall abstract, or direct or permit Restrictions o n
the abstraction

any other person to abstract, from any food any constituent fro, any food ,f
thereof so as to affect injuriously the nature, substance or constituent

thereof.
quality of the food with the intent that it may be sold in
its altered state-

(a) without notice to the purchaser of the altera-
tion; or

(6 ) whether with or without such notice, if in that
state the food does not comply with any relevant provi-
sions contained in regulations made under this Act for
prescribing the composition of food.

(2) A person who contravenes any of the provisions of
this section shall be guilty of an offence and liable on
summary conviction to a fine not exceeding three thousand
dollars or to a term of imprisonment not exceeding six
months.

52. (1) If a person sells to the prejudice of the f;'z:;;
purchaser any food or drug which is not of the nature, or .., rood or
not of the substance, or not of the quality, of the food or : $ ~ e ' ' ' ~ ; ~ t ~ ~ e
drua demanded by the purchaser, he shall, subiect to the ,,~;t,
pro;isions of sectibn 53; be guilty of an offence-and liable deLanded.
on summary conviction to a fine not exceeding three thousand
dollars or to a term of imprisonment not exceeding six
months.

(2) Where regulations made under this Act contain
provisions prescribing the composition of, or prohibiting or

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 353) Public Health

restricting the addition of any substance to, any food, a pur-
chaser of that food shall, unless the contrary is proved, be
deemed for the purposes of this section to have demanded
food complying with the provisions of the regulations.

(3) In proceedings under this section it shall not be a
defence to allege that the purchaser made his purchase for
purposes of analysis or examination and therefore was not
prejudiced.

Defences
available in 53. In proceedings under section 52 it shall be a
proceedings defence for the defendant to prove-
under section 52.

(1) where some substance has been added to the food
or drug in question-

(a) in the case of a food, that the substance is not,
and its addition has not rendered the food injurious to
health or, in the case of a drug, that the addition has
not affected injuriously the quality or potency of the
drug; and

(b) that the addition was not made fraudulently to
increase the bulk, weight or measure, or conceal the
inferior quality, of the food or drug; and

(c) either-

(i) that the addition was required for the produc-
tion or preparation of the food or drug as an
article of commerce in a state fit for carriage
or consumption; or

(ii) that a label satisfying the requirements of sec-
tion 54 was attached to, or printed on the
wrapper or container of, the article sold;

(2) where some constituent has been abstracted from
the food or drug in question-

(a) that the abstraction has not rendered the food
injurious to health or, as the case may be, affected
injuriously the quality or potency of the drug; and was
not made fraudulently to conceal the inferior quality
of the food or drug; and

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 4 1

(b) either-

(i) that the abstraction was required for the pro-
duction or preparation of the food or drug as
an article of commerce in a state fit for carriage
or consumption; or

(ii) that a label satisfying the requirements of sec-
tion 54 was attached to, or printed on the
wrapper or container of, the article sold;

(3) where the food or drug in question is the subject
of a patent in force, that it was supplied in the state required
by the specification of the patent; -.

(4) where the food or drug in question contains some
extraneous matter, that the presence of that matter was an
unavoidable consequence of the process of collection or
preparation;

(5) that the article supplied was a proprietary medicine
and was supplied in response to a demand for that medicine;

(6) where the proceedings are in respect of diluted
whisky, brandy, rum or gin, that the spirit in question has
been diluted with water only and that its strength was still
not below the proof strength permitted by law to be sold
for human consumption:

Provided that-

(a) none of the defences specified in paragraphs (1)
to (4) shall be available in the case of any food which
does not comply with any relevant provisions contained
in regulations made under this Act, for prescribing the
composition of, or prohibiting or restricting the addi-
tion of any substance to, food; and

(b) nothing in paragraph (6) shall affect the provi-
sions of any law with respect to the dilution of spirits
after computation of duty.

54. (1) A label shall afford no defence under sub- P,':'? as
paragraph (c) (ii) of paragraph (1) or sub-paragraph (b) (ii)
of paragraph (2) of section 53 unless the following
requirements are satisfied-

LAWS OF ANTIGUA AND BARBUDA

4 2 CAP. 353) Public Health

( a ) the label must state explicitly what substance
has been added to, or what constituent has been
abstracted from, the food or drug; and

( b ) it must be of adequate size, and have the notice
of addition or abstraction distinctly and legibly printed
and conspicuously visible.

(2) Notwithstanding anything in subsection ( I ) , the
requirements thereof shall, as respects a mixture, be deemed
to be satisfied by a label which has been continuously in
use without any material variation for a period not less than
fifty years and bears a statement to the effect that the article
in question is mixed, or by a label which has been con-
tinuously in use without any material variation for a period
not less than twenty-five years and bears such a statement
distinctly and legibly printed and unobscured by other matter
on the label.

Labels and 55 . (1) A person who gives with any food or drug
advertisements
describing sold by him a label, whether attached to or printed on the
incorrectly food wrapper or container or not, which falsely describes that food
or drug. or drug, or is otherwise calculated to mislead as to its nature,

substance or quality, shall be guilty of an offence, unless
he proves that he did not know, and could not with reasonable
diligence have ascertained, that the label was of such a
character as aforesaid.

( 2 ) A person who publishes, or is a party to the publica-
tion of, an advertisement (not being such a label so given
by him as aforesaid) which falsely describes any food or drug,
or is otherwise calculated to mislead as to its nature, substance
or quality, shall be guilty of an offence:

Provided that in proceedings under this subsection it
shall be a defence for the defendant to prove either-

( a ) that he did not know, and could not with
reasonable diligence have ascertained, that the advertise-
ment was of such a character as aforesaid; or

( b ) that, being a person whose business it is to
publish, or arrange for the publication of, adver-
tisements, he received the advertisement for publica-
tion in the ordinary course of business.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 4 3

( 3 ) In any such proceedings as aforesaid against the
manufacturer, producer or importer of the food or drug, it
shall rest on the defendant to prove that he did not publish,
and was not a party to the publication of, the advertisement.

56. Where regulations made under this Act contain Presumptive
evidence as to provisions prohibiting or restricting the addition of any injurious nature

substance to any food, the addition of that substance- of food.

( a ) if made in contravention of any of the regula-
tions which is expressed to be made for the prevention
of danger to health, shall, and

( 6 ) if made to an amount not exceeding the limit,
if any, specified by any of the regulations, s m l not,

for the purposes of this Part be deemed to render the food
injurious to health.

57. (1) The Board may, subject to the provisions of Power of Board
to make

this section, make regulations for all or any of the purposes regulations as to
mentioned in any of the following paragraphs, that is to say- the importation,

preparation,

( a ) authorizing measures to be taken for the pre- ~ e ~ ~ , s " , ' ~ . or
vention of danger to health from the importation, food. -
preparation, transport, storage, exposure for sale, and
delivery of food of various kinds intended for sale and
sold for human consumption;

( 6 ) requiring wrappers or containers enclosing or
containing food of various kinds to be labelled or marked
in accordance with the regulation;

(c) prohibiting or restricting the addition of any
substance to, and regulating generally the composition
of, any food;

(6) the employment in any business concerned with
the handling of food or drink for human consumption
of any person suspected by the Medical Offlcer of Health
or a medical practitioner of being a carrier of enteric
fever or dvseiterv or suffering- from ~ulmonarv tuber- "
culosis or syphilis in an infective stage, and in any in-
stance in which the Medical Officer of Health is satisfied
that the suspected person is a carrier, to prohibit the
employment of such person during a specified period
in any such business.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 353) Public Health

Penalty for sale
etc. of unsound
food.

( 2 ) Regulations made under this section may be
restricted in their application to the City or such other parts
of or places in Antigua and Barbuda as may be prescribed.

(3) There may be attached to the breach of any such
regulations a fine not exceeding three thousand dollars.

( 4 ) For the purposes of regulations made under this
section, articles commonly used for the food and drink of
man shall be deemed to be intended for sale for human
consumption unless the contrary is proved.

( 5 ) No compensation shall be payable to any person
in respect of any article of food or drink destroyed under
the regulations made under this section, nor shall any person
acting under the authority of any such regulation be liable
to any action at law in respect of such destruction.

58. ( 1 ) Every person who-
( a ) sells, or offers or exposes for sale or has in his

possession for the purpose of sale or of preparation for
sale; or

(6) deposits with, or consigns to, any person for
the purpose of sale or of preparation for sale.

any food intended for, but unfit for, human consumption
shall, subject to the provisions of this section, be guilty of
an offence and liable on summary conviction to a fine not
exceeding three thousand dollars or a term of imprisonment
not exceeding six months.

( 2 ) Where food in respect of which an offence under
paragraph (a) of subsection ( 1 ) has been committed was sold
to the offender by some other person, that person also shall,
subject to the provisions of this section, be guilty of an offence
and liable on summary conviction to a fine not exceeding
three thousand dollars or a term of imprisonment not ex-
ceeding six months.

(3) Where a person is charged with an offence under
paragraph (6) of subsection ( 1 ) or under subsection (Z), it
shall be a defence for him to prove either that he gave notice
to the person with whom he deposited, or to whom he con-

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 45

signed or sold, the food in question that it was not intended
for human consumption, or that, at the time when he
delivered or dispatched it to that person, either it was fit
for human consumption or he did not know, and could not
with reasonable diligence have ascertained, that it was unfit
for human consumption.

(4) A person guilty of an offence under this section shall
be liable to a fine not exceeding three thousand dollars, or
to imprisonment for a term not exceeding six months.

59. (1) An authorized officer of the Board may at E;mj;;t$ztfe
all reasonable times examine any food intende$-for human ,nso,,d food.
consumption which has been sold, or is offered or exposed
for sale, or is in the possession of, or has been deposited
with or consigned to, any person for the purpose of sale or
of preparation for sale and, if it appears to him to be unfit
for human consumption, may seize it and remove it in order
to have it dealt with by a Magistrate.

(2) An officer of the Board who seizes any food under
subsection (1) shall inform the person in whose possession
it was found of his intention to have it dealt with by a
Magistrate, and any person who under section 58 might be
liable to a prosecution in respect of food shall, if he attends
before the Magistrate upon the application for its condem-
nation, be entitled to be heard and to call witnesses.

(3) If it appears to a Magistrate that any food brought
before him, whether seized under the provisions of this section
or not, is unfit for human consumption, he shall condemn
it and order it to be destroyed, or to be so disposed of as
to prevent it from being used for human consumption.

(4) If a Magistrate refuses to condemn any food seized
under this Part by an officer of the Board he shall assess
the depreciation in value resulting from its seizure, and the
Board shall pay to the owner of the food the sum of money
so assessed as compensation for such depreciation.

60. (1) The foregoing provisions relating to unsound Provisions as to
food offered as

food shall apply in relation to any food which is intended prizes, etc.
for human consumption and is-

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 353) Public Health

(a) offered as a prize or reward in connection with
any entertainment to which the public are admitted,
whether on payment of money or not; or

- (6) offered as a prize, reward or given away for
the purpose of advertisement, or in furtherance of any
trade or business; or

(6) exposed or deposited in any premises for the
purpose of being so offered or given away as aforesaid,

as if that food were, or had been, exposed for sale-

(i) in a case falling within paragraph (a), by each
person concerned in the organization of the
entertainment;

(ii) in a case falling within paragraph (b), by the
person offering or giving, away the food;

(iii) in a case falling within paragraph (c), by the
occupier of the premises in question.

(2) In this section, "entertainment" includes any social
gathering, amusement, exhibition, performance, game, sport
or trial of skill.

Power to
examine food in

61. If an authorized officer of the Board has reason
course of transit. to suspect that any cart, barrow or other vehicle, or any con-

tainer contains any food intended for sale for human con-
sumption, or in the course of delivery after sale for human
consumption, he may examine the contents of the vehicle
or, as the case may be, of the container, and for that purpose
may, if necessary, detain the vehicle or the container and,
if he finds any food, which appears to him to be intended
for, but unfit for, human consumption he may deal with
it as food falling within subsection (1) of section 59 and
subsections (2) to (4) of that section shall apply accordingly.

Provisions as to 62. (1) Subject to the provisions of this section, the
rooms where
food intended for following provisions shall have effect in relation to every room
sale is prepared in which any food intended for human consumption, other
or stored, etc.

than milk, is prepared for sale or sold, or offered or exposed
for sale, or deposited for the purpose of sale or of prepara-
tion for sale, that is to say-

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 47

(a) no sanitary convenience, dustbin or ashpit shall
be within, or communicate directly with, the room, or
be so placed that offensive odours therefrom can
penetrate into the room;

(b) no cistern for the supply of water to the room
shall be in direct communication with, or discharge
directly into, a sanitary convenience, and there shall
not be within the room any outlet for the ventilation
of a drain or, except with the approval of the Board,
an inlet into any drain conveying sewage or foul water;

(c ) the walls, ceiling, floor, windows and doors of
the room shall be kept in a proper state of repair;

(d) the walls, ceiling and doors of the room shall
be painted, whitewashed, cleansed or purified as often
as may be necessary to keep them clean and the windows
of the room shall be kept clean;

(e) the room shall not be used as a sleeping place
and, so far as may be necessary to prevent risk of infec-
tion or contamination of food in the room, no sleeping
place adjoining the room shall communicate therewith
except through the open air, or through an intervening
ventilated space;

Cf) except in the case of an artificially refrigerated
room, suitable and sufficient means of ventilation shall
be provided and suitable and sufficient ventilation shall
be maintained;

Cg) no refuse or filth, whether solid or liquid, shall
be deposited or allowed to accumulate in the room,
except so far as may be necessary for the proper carry-
ing on of the trade or business for which the room is
used, and the floor of the room shall be cleansed as often
as may be necessary to keep it clean;

( h ) cleanliness shall be observed by persons
employed in the room, both in regard to the room and
all articles, apparatus and utensils therein, and in regard
to themselves and their clothing;

(21 there shall be provided in, or within reasonable
distance of, the room a suitable washing basin or basins
and a sufficient supply of soap, clean towels and clean
water for the use of persons employed in the room:

LAWS OF ANTIGUA AND BARBUDA

4 8 CAP. 353) Public Health

Provided that paragraph (2) shall not apply in relation
to a room which is used for the sale or storage, or for the
sale and storage, of food contained in containers of such
materials and so closed, as to exclude all risk of contamina-
tion, but is not otherwise used for any purpose in connection
with the preparation, storage or sale of food.

( 2 ) If, in the case of a room to which subsection (1)
applies-

( a ) any of the requirements of that subsection are
not complied with; or

( 6 ) any person does or permits any act or thing
in contravention of that subsection, or fails to take all
such steps as may be reasonably necessary to prevent
risk of contamination of food in the room; or

(c) any person prevents the owner of the room from
executing any work necessary to make the room comply
with the said requirements,

then, in the first-mentioned case, the occupier of the room
and, in other cases mentioned, the person in question,
whether he be the occupier or not shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
one thousand dollars and to a further fine not exceeding two
hundred and fifty dollars for each day during which the
offence continues after conviction therefor.

(3) If, in the case of a room to which subsection ( 1 )
applies, any of the requirements specified in paragraphs (a ) ,
( b ) , ( c ) or (f) of the said subsection is not complied with,
then, in so far as that requirement is of a structural character,
the owner of the room shall, if he let it for the purpose of
being used for the preparation, sale or storage of food or,
if not having so let it, he permits it to be so used after
receiving notice from the Board, be liable to a penalty men-
tioned in subsection ( 2 ) but without prejudice to the liability
of the occupier under that subsection.

( 4 ) Where the owner of a room who did not let it for
the purpose of being used for the preparation, sale or storage
of food executes any work necessary to make the room com-
ply with the requirements of subsection ( 1 ) he may recover

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 49

the expenses incurred by him in so doing from the occupier
of the room summarily as a civil debt.

(5) In this section, "room" includes a shop or cellar
or any other part of a building, and a shed, store or out-
building or any part thereof, and the provisions of this sec-
tion, except paragraphs (a) and V) of subsection (I), shall,
so far as applicable, apply in relation to a yard, forecourt
or area as they apply in relation to a room.

( 6 ) Save in so far as may be expressly provided neither
this section nor section 6 3 shall apply in relation to premises
which are used for the preparation, sale or storage of articles
prepared from, or consisting of, materials other than those
of animal or vegetable origin, but are not otherwise used
for any purpose in connection with the preparation, storage
or sale of food.

63. ( 1 ) Subject to the provisions of this section, and F:4+:;e:fin
of subsection ( 6 ) of section 6 2 , no premises within the City connection with
limits shall be used for- the manufacture

or sale of ice-

(a) the sale, or the manufacture for the purpose Fzrm",'d
of sale, of ice-cream, or the storage of ice-cream intended etc.
for sale; or

(6) the preparation or manufacture of sausages or
potted, pressed, pickled or preserved food intended for
sale,

unless they are registered under this section for that purpose
by the Board, and a person who uses any premises in contra-
vention of the provisions of this subsection shall be guilty
of an offence and liable on summary conviction to a fine
not exceeding two hundred and fifty dollars.

(2) For the purposes of subsection ( 1 ) the preparation
of meat or fish by any process of cooking shall be deemed
to be preservation thereof.

(3) Subject to the following provisions of this section,
the Board shall, on the application of the occupier of, or
of a person proposing to occupy, any premises, register those
premises for the purpose of this section.

LAWS OF ANTIGUA AND BARBUDA

50 CAP. 353) Public Health

(4) If it appears to the Board that any premises for the
registration of which application has been made under this
section, or which are registered under this section, do not
satisfy the requirements of section 62, or are otherwise
unsuitable for use for the purpose for which they are pro-
posed to be used or are being used, the Board shall serve
on the applicant for registration or, as the case may be, on
the occupier for the time being of the premises, a notice
stating the place and time, not being less than seven days
after the date of the service of the notice, at which they pro-
pose to take the matter into consideration and informing him
that he may attend before the Board, with any witnesses
whom he desires to call, at the place and time mentioned
to show cause why the Board should not, for reasons specified
in the notice, refuse the application or, as the case may be,
cancel the registration of the premises.

( 5 ) If a person on whom a notice is served under sub-
section (4) fails to show cause to the satisfaction of the Board,
the Board may refuse the application or, as the case may
be, cancel the registration of the premises, and shall forthwith
give notice to him of its decision in the matter, and shall,
if so required by him within fourteen days of their decision,
give to him within forty-eight hours a statement of the
grounds on which it was based.

(6) A person aggrieved by the decision of the Board
under this section to refuse to register any premises, or to
cancel the registration of any premises, may appeal to the
High Court in the same manner and under the same provi-
sions as if the decision of the Board were the decision of
a Magistrate's court.

(7) Upon any change in the occupation of premises
registered under this section, the incoming occupier shall,
if he intends to use them for the purpose for which they are
registered, forthwith give notice of the change to the Board,
who shall thereupon make any necessary alteration in the
register.

(8) If a person required to give a notice under subsection
(7) fails to do so, he shall be liable on summary conviction
to a fine not exceeding two hundred and fifty dollars.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 5 1

i
i

s (9) This section shall not apply-
! (a) to ice-cream made by private persons for sale

at any social function; or

( b ) to premises used primarily as a club, hotel or
restaurant; or

( 6 ) to a person who in a street or other place of
public resort, sells, or offers or exposes ice-cream for sale:

Provided that such person shall first register with
the Board, and, if such person fails to register, he shall
be liable on summary conviction to a fine not exceeding
two hundred and fifty dollars or to imprisonment not
exceeding one month. -.

(10) This section shall apply in relation to premises used
as a theatre, cinematograph theatre, music hall or concert
hall, as if in paragraph (a) of subsection ( I ) , the words "the
sale, or" and the words "or the storage of ice-cream intended
for sale" were omitted.

64. If a medical practitioner becomes aware, or Notification of
cases of food

suspects, that a patient whom he is attending within a district poisoning.
is suffering from food poisoning, he shall forthwith send to
the medical officer of health of the district a certificate
stating-

(a) the name, age and sex of the patient, and the
address of the premises where the patient is, and

( 6 ) particulars of the food poisoning from which
he is, or is suspected to be, suffering,

and also stating whether the case occurs in the private practice
of the practitioner, or in his practice as a medical officer
of a public body or institution.

65. (1) If the medical officer of health of a district r ' ; ;:02
or a government veterinary officer has reasonable ground
for suspecting that any food of which he, or any other officer
of the Board has procured a sample under the provisions
of this Act is likely to cause food poisoning, he may give
notice to the person in charge of the food that, until his
investigations are completed, the food, or any specified
portion thereof, is not to be used for human consumption
and either is not to be removed, or is not to be removed

LAWS OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

except to some place specified in the notice. In this section
6 ' government veterinary officer" means a veterinary officer
holding an appointment in the service of the Government.

( 2 ) A person who uses or removes any food in contra-
vention of the requirements of a notice given under sub-
section (1) shall be guilty of an offence and liable on summary
conviction to a fine not exceeding five hundred dollars.

(3) If, as a result of his investigations, the medical officer
of health of a district is satisfied that the food in question,
or any portion thereof, is likely to cause food poisoning, he
may deal with it as food falling within subsection (1) of sec-
tion 59 and subsections (2) and (3) of that section shall apply
accordingly, but, if he is satisfied that it may safely be used
for human consumption, he shall forthwith withdraw his
notice.

(4) If a notice given under subsection (1) is withdrawn
by the medical officer of health of a district, or if the
Magistrate before whom any food is brought under this
section refuses to condemn it, the Board shall compensate
the owner of the food to which the notice relates for any
depreciation in its value resulting from the action taken by
the medical officer of health of the district the amount of
such compensation being fixed by the Magistrate upon
application by the owner of such food.

Restrictions on
the importation

66. If there is imported into Antigua and Barbuda,
of certain foods. within the meaning of that expression as used in the Customs

Duties Act-

( a ) any margarine or margarine-cheese, except in
containers conspicuously marked "Margarine" or
"Margarine-cheese", as the case may require;

( b ) any adulterated or impoverished milk, except
in containers conspicuously marked with a name or
description indicating that the milk has been so treated;

(c) any other adulterated or impoverished food to
which the Cabinet may by Order direct that this sec-
tion shall be applied, except in containers conspicuously
marked with a name or description indicating that the
food has been so treated;

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 53

(6) any milk-blended butter, except in containers
conspicuously marked with a name approved for the
purpose by the Cabinet, not being a name which refers
to, or is suggestive of, butter or anything connected with
the dairy interest;

( e ) any food which does not comply with any rele-
vant provisions contained in regulations made under
this, or any other, Act with respect to the importation
of food,

the importer shall be guilty of an offence under this Part.

67. (1) A duly authorized officer of ?ke Board e' '~~;,*
(hereinafter called a "sampling officer") may exercise such
powers of procuring samples of food and drugs for analysis,
or for bacteriological or other examination, as are conferred
upon him by this section.

(2) A sampling officer may take such samples of con-
signments of imported food as may be necessary for the
enforcement of the provisions of section 65 or purchase
samples of any food or drug:

Provided that nothing in this section shall be construed
as authorizing any purchase or sale of drugs in contravention
of the Misuse of Drugs Act. Cap. 283.

(3) A sampling officer may take samples of-

( a ) any butter or cheese, or substances resembling
butter or cheese, exposed for sale;

(b) any food, or substance capable of being used
in the preparation of food, found on premises which
he has entered in the execution of his duties under this
Act.

(4) A sampling officer may, at the request or with the
consent of the purchaser, consignee or consumer, take at
the place of delivery samples of any food delivered, or about
to be delivered, to the purchaser, consignee or consumer
in pursuance of a contract for the sale thereof to hirn:

Provided that this subsection shall not apply in relation
to milk.

LAWS OF ANTIGUA AND BARBUDA

5 4 CAP. 353) Public Health

( 5 ) If a sampling officer has reason to believe that any
container forwarded by a public conveyance contains
margarine, margarine-cheese or milk-blended butter which
is not consigned in accordance with the provisions of this
Act, h'e may examine and take samples of the contents of
that container.

Rights to have
samples analysed.

68. (1) If a duly authorized officer of the Board who
has procured a sample of any food or drug considers that
it should be analysed, he shall submit it for analysis and
the Board shall thereupon make such arrangements as they
consider to be practicable for such sample to be analysed
by a suitably qualified Government chemist.

(2) A person, other than a duly authorized officer of
the Board, who has purchased any food or drug may submit
a sample of such food or drug for analysis and the Board
shall thereupon make such arrangements as they consider
to be practicable for such sample to be analysed by a suitably
qualified analyst.

Division of, and 69. (1) A person purchasing a sample of any food
dealings with,
samples. or drug with the intention of submitting it to the Board for

analysis, or taking a sample of food on any premises with
the intention of submitting it for such analysis shall, after
the purchase has been completed or the sample has been
taken, forthwith inform the seller or his agent who sold the
sample or, as the case may be, the occupier of the premises
or the person for the time being in charge thereof, of his
intention to submit such samples for analysis and shall then
and there divide it into three parts, each part to be marked,
and sealed or fastened up, in such manner as its nature will
permit, and shall-

( a ) deliver one part to the seller or his agent or,
as the case may be, to the occupier of the premises or
the person for the time being in charge thereof;

( 6 ) retain one part for future comparison; and

(c) if he thinks fit to have an analysis made, sub-
mit one for such analysis:

Provided that, in relation to samples taken in such
circumstances as are mentioned in subsection (2) the
foregoing provisions with respect to the giving of

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 5 5

information and the manner of dealing with samples
shall have effect as modified by that subsection.

(2) A person taking a sample of any food while it is
in transit, or the place of delivery to the purchaser, con-
signee or consumer shall, if he intends to submit it for analysis
deal with it in the manner provided by subsection (1) except
that he shall retain the first-mentioned part of the sample
if the name and address of the consignor do not appear on
the container containing the article sampled, but if the name
and address of the consignor appear on such container he
shall forward that part of the sample to the consignor by
registered post or otherwise, together with a notice inform-
ing that person that he intends to have part of the sample
submitted to the Board for analysis.

70. The Board may, with regard to a person suffer- Persons suffering.
from certain

ing from dysentery, helminthic infections, typhoid fever, ~;,ea,es ,,
paratyphoid fever or pulmonary tuberculosis or syphilis in sl',linPd or
an infective stage, require in writing that until further
notice-

( a ) such person shall discontinue any occupation
connected with the preparation or handling of food or
drink;

(b ) suitable measures shall be taken with respect to
cleansing, disinfection, disposal of excreta, destruction of
flies, and prevention of contamination of food and drink
on the premises in which occupation is carried on.

71. (1) A person who wilfully obstructs any person Penalty for
obstructing

acting in the execution of this Part shall be liable on sum- ,f Act.
mary conviction to a fine not exceeding two hundred and
fifty dollars:

Provided that, if the court is satisfied that he commit-
ted the offence with intent to prevent the discovery of some
other offence under this Part, or if he has within the twelve
months last preceding been convicted of an offence under
this subsection, he shall be liable on summary conviction
to a fine not exceeding fifteen hundred dollars or to imprison-
ment for a term not exceeding three months.

LAWS OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

(2) If a duly authorized officer of the Board applies to
purchase any food or drug exposed for sale, or on sale by
retail, and tenders the price for the quantity which he requires
as a sample, and the person exposing the food or drug for
sale, or having it for sale, refuses to sell to the officer such
quantity thereof as aforesaid, or if the seller or consignor,
or any person having for the time being the charge, of any
food of which an officer is empowered to take a sample refuses
to allow the officer to take the quantity which he requires
as a sample, the person so refusing shall, for the
of subsection (I), be deemed to have wilfully obstructed the
officer:

Provided that, where any food or drug is exposed for
sale in an unopened container duly labelled, no person shall
be required to sell it except in the unopened container in
which it is contained.

(3) A person who fails to give to any person acting in
the execution of this Part any assistance which that person
may reasonably request him to give, or any information
which that person is expressly authorized by this Part to call
for or may reasonably require, or who, when required to
give any such information, knowingly makes any mis-
statement in respect thereof, shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
two hundred and fifty dollars.

Limitation of
prosecution.

72. (1) Where a sample has been procured under this
Part, no prosecution in respect of the article sampled shall
be commenced after the expiration of sixty days from the
time when the sample was procured unless the Magistrate
before whom the information is laid, on being satisfied on
oath that having regard to the circumstances of the particular
case it was not practicable to lay the information at an earlier
date, gives a certificate to that effect, and in no case shall
the prosecution be commenced after the expiration of ninety-
six days from the time when the sample was procured.

(2) In any proceedings under this Part in respect of an
article sampled, the summons shall not be made returnable
less than fourteen days from the day on which it is served,
and a copy of any certificate of analysis obtained on behalf
of the prosecutor, and of any certificate given by a Magistrate
under subsection (1) shall be served with the summons.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 5 7

(3) In any proceedings under this Part, where a sample
has been procured in such circumstances that its division
into parts is required by this Part, the part of the sample
retained by the person who procured it shall be produced
at the hearing.

73. (1) In any proceedings under this Part, the pro- ,Ezfgf;e;',,
duction by one of the parties of a document purporting to analvsis. and , ,
be a certificate of a ~dvernment chemist in the prescri;bed presumptions.
form, or of a document supplied to him by the other party
as being a copy of such a certificate, shall be sufficient
evidence of the facts stated therein.

-.

(2) In any such proceedings, if a defendant intends to
produce a certificate of a Government chemist or requires
that the Government chemist whose certificate has been
tendered in evidence shall be called as a witness, notice of
his intention together, in the first mentioned case, with a
copy of the certificate shall be given to the other party at
least five clear days before the day on which the summons
is returnable, and, if this requirement is not complied with,
the court may, if it thinks fit, adjourn the hearing on such
terms as it deems proper.

(3) For the purposes of this Part and of any regulations
made thereunder-

(a) articles commonly used for human consump-
tion shall, if sold or offered, exposed or kept for sale,
be presumed, until the contrary is proved, to have been
sold or, as the case may be, to have been or to be
intended for sale, for human cosumption;

( 6 ) any article commonly used for human con-
sumption which is found on premises used for the
preparation, storage or sale of that article and any article
commonly used in the manufacture of products for
human consumption which is found on premises used
for the preparation, storage or sale of those products,
shall be presumed, until the contrary is proved, to be
intended for sale, or for manufacturing products for sale,
for human consumption;

( 6 ) any substance capable of being used in com-
position or preparation of any article commonly used

LAWS OF ANTIGUA AND BARBUDA

58 CAP. 353) Public Health

Power of court to
require analysis
by Government
chemist.

Defence available
to defendant
where some other
person is
responsible for
the commission
of the offence
charged.

for human consumption which is found on premises on
which that article is prepared shall, until the contrary
is proved, be presumed to be intended for such use.

74. ( 1 ) The court before which any proceedings are
taken under this Part may, if it thinks fit, and upon the
request of either party shall, cause the part of any sample
produced before the court under subsection (3) of section 72
to be forwarded to a Government chemist for analysis, and
the certificate of such public analyst of the result of his analysis
may be received in evidence, and the costs of the analysis
and of obtaining the public analyst's certificate shall be paid
by the prosecutor or the defendant as the court may order.

( 2 ) If, in a case where an appeal is brought, no action
has been taken under subsection ( I ) , the provisions of the
said subsection shall apply also in relation to the court by
which the appeal is heard.

75. ( 1 ) A person against whom proceedings are
brought under this Part shall, upon complaint duly laid by
him and on giving to the prosecution not less than three clear
days' notice of his intention, be entitled to have any person
to whose act or default he alleges that the contravention of
the provisions in question was due brought before the court
in the proceedings, and, if, after the contravention has been
proved, the original defendant proves that the contravention
was due to the act or default of that other person, that other
person may be convicted of the offence and, if the original
defendant further proves that he has used all due diligence
to secure that the provisions in question were complied with,
he shall be acquitted of the offence.

( 2 ) Where a defendant seeks to avail himself of the pro-
visions of subsection (1)-

(a) the prosecution, as well as the person whom
the defendant charges with the offence, shall have the
right to cross-examine such defendant, if he gives
evidence, and any witness called by him in support of
his pleas, and to call rebutting evidence;

(b) the court may make such order as it thinks fit
for the payment of costs by any party to the proceedings
to any other party thereto.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 59

(3) Where it appears to the Board that an offence has
been committed in respect of which proceedings might be
taken under this Part against some person and the Board
are reasonably satisfied that the offence of which complaint
is made was due to an act or default of some other person
and that the first mentioned person could establish a defence
under subsection (I), they may cause proceedings to be taken
against that other person without first causing proceedings
to be taken against the first mentioned person.

(4) In any such proceedings the defendant may be
charged with and, on proof that the contravention was due
to his act or default, be convicted of, the offence with which
the first mentioned person might have been charzed.

76. (1) Subject to the provisions of this section, in Conditions under
which a warranty

the case of any prosecution under this Part in respect of be *leaded
selling, exposing or offering for sale, or having in posses- as defence.
sion for sale, an article which was not of a nature, substance
or quality entitling a person to sell or otherwise deal with
it under the description or in the manner under, or in, which
the defendant dealt with it, it shall be a defence for the
defendant to prove-

(a) that he purchased it as being an article of such
a nature, substance and quality as would have so entitled
him and with a written warranty to that effect; and

(6) that he had no reason to believe at the time
of the commission of the alleged offence that it was other-
wise; and

(c) that it was then in the same state as when he
purchased it.

(2) A warranty shall only be a defence to proceedings
under this Part if-

(a) the defendant has within seven days of the
service of the summons sent to the prosecutor a copy
of the warranty with a notice stating that he intends
to rely on it and specifying the name and address of
the person from whom he received it, and has also sent
a like notice of his intention to that person; and

LAWS OF ANTIGUA AND BARBUDA

60 CAP. 353) Public Health

( 6 ) in the case of a warranty given by a person resi-
dent outside Antigua and Barbuda, the defendant proves
that he had taken reasonable steps to ascertain, and did
in fact believe in, the accuracy of the statement con-
tained therein; and

(c) in the case of a prosecution in respect of a
sample of milk, the defendant has within seventy-two
hours after the sample was procured served such a notice
as complies with the requirements specified in subsec-
tion (3).

(3) The following shall be the requirements of a notice
under paragraph (c) of subsection (2)-

(a) the notice shall state-

(i) the name and address of the seller or consignor
from whom the milk was received;

(ii) the time and place of delivery to the purchaser
or consignee of future supplies of milk from
the same source; and

(6) the notice shall request the Board to take
immediate steps to procure as soon as practicable, a
sample of milk from any future supply of milk from the
same source in the course of transit or delivery to the
purchaser or consignee from the seller or consignor.

(4) Where the defendant is a servant of the person who
purchased the article under a warranty, he shall be entitled
to rely on the provisions of this section in the same way as
his employer would have been entitled to do if he had been
the defendant.

(5) The person by whom the warranty is alleged to have
been given shall be entitled to appear at the hearing and
to give evidence, and the court may, if it thinks fit, adjourn
the hearing to enable him to do so.

(6) For the purposes of this section and section 77, a
name or description entered in an invoice shall be deemed
to be a written warranty that the food or drug to which the
entry refers is of such a nature, substance and quality that
a person can sell, or otherwise deal with it, under that name

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 6 1

or description without contravening any of the provisions
of this Act.

77. (1) A defendant who in any proceedings under offences in
relation to this Part wilfully applies to any food or drug a warranty or ,,r,anties and

certificate of analysis given in relation to any other food or certificates of
analysis. drug shall be guilty of an offence.

(2) A person who, in respect of any food or drug sold
by him, gives to the purchaser a false warranty in writing,
shall be guilty of an offence, unless he proves that when he
gave the warranty he had reason to believe that the statements
or description contained therein were accurate. -

(3) Every person convicted of an offence under this
section shall be liable in the case of a first offence to a fine
not exceeding one thousand dollars and in the case of a sub-
sequent offence to a fine not exceeding five thousand dollars
or to imprisonment for a term not exceeding six months.

PART VIII

BAKERIES

78. For the purpose of this Part- Interpretation.

"bakery" means any place in which are commonly
baked or exposed or offered for sale, or deposited
for the purpose of sale or of preparation for sale
or have been recently sold for human consump-
tion, bread, biscuits, cakes or confectionery in the
baking or selling of which a trade is carried on;

"employed" as applied to any person includes any
person working in a bakery, whether he receives
wages or not;

6 L occupier" includes any person in possession.

79. (1) Every person who is using or intends to use Application to
use place as

any place as a bakery shall make application in writing to bakery.
the Board, setting out his full name and a correct descrip-
tion of the premises so used or intended to be used. If the
Board are satisfied that the premises specified in the applica-
tion are such as can be properly used as a bakery under this

LAWS OF ANTIGUA AND BARBUDA

62 CAP. 353) Public Health

Act, they shall issue to the applicant upon payment of the
prescribed fee a certificate to that effect.

(2) The particulars of such application and certificate
shall be entered in a book to be kept by the Board and to
be called "The Bakery Register".

(3) Any person who uses any place as a bakery without
having first obtained a certificate as hereinbefore provided
shall be liable on summary conviction to a fine not exceeding
two hundred and fifty ddllars, or, for a continuing offence
to a further fine not exceeding one hundred dollars for each
day subsequent to the sending of a written notice by the
Board.

Painting and
washing 80. (1) The inside walls of the rooms of a bakery and
premises. the ceilings or tops of such rooms, whether such walls, ceilings

or tops be plastered or not, and all passages and staircases
of such bakery shall be either painted with oil or varnish
or limewashed and-

( a ) when painted with oil or varnish, there shall
be three coats of paint or varnish, and the paint or
varnish shall be renewed once at least in every three
years and shall be washed with hot water and soap at
least once in every six months;

( b ) when limewashed the limewashing shall be
renewed in each June and December of every year.

(2) The occupier of any bakery who fails to keep the
same in conformity with this section shall be liable on
summary conviction to a fine not exceeding five hundred
dollars, or in the case of a continuing offence, to a further
fine not exceeding one hundred dollars for each day sub-
sequent to the sending of a written notice by the Board.

Conditions
governing

81. (1) It shall not be lawful to let or suffer to be
occupation of occupied as a bakery or to occupy as a bakery any room
bakery. or place unless the following conditions are complied with-

( a ) no privy or dustbin shall be within or com-
municate directly with the bakery;

( b ) any cistern or pipe for supplying water to a
bakery shall be separate and distinct from any cistern
or pipe for supplying water direct to a privy;

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 63

(c) no drain or pipe for carrying off faecal matter
or sewage shall have an opening within the bakery;

(6) every bakery shall be efficiently ventilated to
the satisfaction of the Board.

(2) Any person who lets or suffers to be occupied or
who occupies any room or place as a bakery in contravention
of this section shall be liable on summary conviction to a
fine not exceeding two hundred and fifty dollars and to a
further fine not exceeding one hundred dollars for every day
during which such room or place is so occupied after a con-
viction under this section.

82. The Board may make regulations as t o 3 or any Regulations-
of the following matters, that is to say-

(a ) the structure of floors and walls of bakeries;

( b ) the keeping of bakeries in a clean and sanitary
condition;

(c) the prevention of the accumulation of dust,
ashes and refuse and the duties of occupiers of the
premises with regard thereto;

(d) the medical examination of all persons
employed in a bakery;

( e ) the apparel of such persons;

Cf) the compositior~ of bread;

(g) the licensing of' persons working in bakeries,
whether such persons receive wages or not, the charging
and fixing of fees payable in respect of such licences
and the suspension, revocation and cancellation of such
licences; and

( h ) the charging and fixing of fees for certificates
issued under section 79 and the suspension, revocation
and cancellation of such certificates.

83. (1) Where a Magistrate is satisfied on the Penalty for using
Insanitary

prosecution of the Board, that any room or place used as premises.
a bakery is in such a state as to be, on sanitary grounds,
unfit for use or occupation as a bakery, the occupier of the
bakery shall be liable on summary conviction to a fine not

LAWS OF ANTIGUA AND BARBUDA

64 CAP. 353) Public Health

exceeding two hundred and fifty dollars and on a subsequent
conviction to a fine not exceeding five hundred dollars.

(2) The Magistrate, in addition to or instead of inflicting
such a fine may order means to be adopted by the occupier
within the time named in the order for the purpose of
removing the ground of complaint.

(3) The Magistrate may, on application enlarge the time
so named, but if after the expiration of the time originally
named or enlarged by subsequent order, the order is not
complied with, the occupier shall on summary conviction
be liable to a fine not exceeding two hundred and fifty dollars
for every day that such non-compliance continues.

Premises not to
be used as
sleeping place.

84. (1) No room or place on the same level with the
bakery and forming part of the same building shall be used
as a sleeping place or living room unless it is effectually
separated from the bakery by a partition of wood, masonry
or other substantial material extending from the floor to the
ceiling, and unless it has external windows of at least nine
superficial feet in area made to open for ventilation.

(2) Any person who lets or occupies or knowingly suffers
to be occupied any room or place contrary to the provisions
of this section shall on summary conviction be liable to a
fine not exceeding fifty dollars for the first offence and two
hundred and fifty dollars for any subsequent offence.

Person suffering
from certain

85. (I) No person suffering from any infectious or
diseases not to be communicable disease or from sores shall be employed in
employed. any bakery.

(2) If the owner of any bakery knowingly employs any
person in contravention of this section such person shall be
liable on summary conviction to a fine not exceeding five
hundred dollars for the first offence and one thousand dollars
for any subsequent offence.

Powers of entry
and inspection.

86. (1) A public health inspector or medical officer
of health of a district shall, for the purpose of the execution
of this Part, have power to do all or any of the following
things, namely-

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 65

(a) to enter, inspect and examine at all reasonable
times by day or night, any bakery;

( 6 ) to take with him a constable into a bakery in
which he has reasonable cause to apprehend any obstruc-
tion in the execution of his duty;

(c) to make such examination and enquiry as may
be necessary to ascertain whether the laws for the time
being in force relating to public health are complied with
so far as respects the bakery and the persons employed
therein.

(2) The occupier of any bakery, his agents and servants
shall furnish the means required by the medical d l c e r of
health of a district or the public health inspector for entry,
inspection, examination and enquiry in relation to such
bakery.

(3) Every person who wilfully delays a public health
inspector or medical officer of health of a district in the
exercise of any power under this section or who fails to comply
with any requisition of such public health inspector or medical
officer of health of a district in pursuance of this section shall
be deemed to have obstructed the public health inspector,
or medical officer of health of the district in the execution
of his duties under this Act and shall be liable on summary
conviction to a fine not exceeding two hundred and fifty
dollars.

PART IX

87. The Board may make regulations for the following Regulations.
purposes or any of them, that is to say-

( a ) for the registration of all persons keeping cows;

( 6 ) for the licensing of all places in which cows are
kept for the sale of milk, and for the preventing of the
keeping of tuberculous cows in such places;

(c) for the licensing of dairymen and the fixing of
fees payable in respect of such licences;

LAWS OF ANTIGUA AND BARBUDA

66 CAP. 353) Public Health

(d) for the inspection by the Board, of cattle in
dairies, and for prescribing and regulating the cleansing
and drainage of dairies and other places in the occupa-
tion of persons carrying on the trade of dairymen, and
of any pasturage used for the grazing of cows kept for
the sale of milk;

(e ) for the situation, construction, water supply and
regulation of dairies and cowsheds;

(f) for prescribing places for the milking of cows;

(y) for the precautions to be taken for protecting
milk against infection or contamination;

(h ) for securing the cleanliness of vessels used for
keeping milk for sale, and of milk therein;

(i) for the issue of licences to persons selling milk
to carry on such business and to sell, or hawk for sale
or deliver milk, and for the issue of badges for persons
actually selling or carrying milk on behalf of such
licensed persons;

@ to compel all persons selling or delivering milk
to carry and exhibit, when lawfully required thereto,
badges denoting the issue of such licences, to be supplied
as provided in paragraph (2);

(k) to charge fees for the licences and badges
mentioned in paragraphs (9 and Q, such fees to be paid
into the Treasury;

(I) for the cancellation of licences for any breach
of regulations made under paragraphs (a) to (k);

(m) the control of ice and aerated water factories
and the manufacture and sale of ice and aerated water.

Certain additions
not to be made
to milk, and
certain liquids
not to be sold as
milk.

88. ( I ) No person shall-
(a) add any water or colouring matter or any dried

or condensed milk or liquid reconstituted therefrom, to
milk intended for sale as such for human consumption;
or

( b ) add any separated milk, or mixture of cream
and separated milk, to unseparated milk intended for
such sale; or

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 6 7

(G) sell, or offer or expose for sale, or have in his
possession for the purpose of sale, for human con-
sumption any milk to which any addition has been made
in contravention of the provisions of this subsection.

(2) No person shall sell, offer or expose for sale, under
the designation of milk any liquid in the making of which
any separated milk or any dried or condensed milk has been
used.

(3) A person who contravenes any of the provisions of
this section shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding one thzusand
dollars or to imprisonment for a term not exceeding three
months.

89. (1) It shall be lawful for the Governor-General $gi:z;:t;id
to appoint one or more persons possessing competent provision of
knowledge, skill and experience to be milk analysts for instruments.
Antigua and Barbuda:

Provided always that no person appointed to be milk
analyst under this section shall be directly or indirectly
engaged in or connected with the sale of milk during his
tenure of such appointment.

(2) Every milk analyst shall be provided at the public
expense with the necessary instruments and chemical
apparatus for the purpose of analysing any milk which may
be brought or submitted to him to be analysed, and such
analyst shall analyse any milk brought to him for that
purpose.

90. If on examination it shall be found that the milk 5;~:;~ when
has been adulterated or is not pure, the analyst shall grant ,ilk found to be
a certificate to that effect to the party who required the impure.
analysis.

91. For every analysis a fee of one dollar shall be paid fee.
into the Treasury by the person requesting the analysis:

Provided that where an analysis has been requested by
a medical officer of health of a district, a member of the
Board or by the Government Veterinary Officer, no fee shall
be paid.

LAWS OF ANTIGUA AND BARBUDA

68 CAP. 353) Public Health

Proof of
conditions of

92. O n the hearing of any information under this Part
milk at time of the purchaser of any milk alleged to be adulterated shall prove
sale. to the satisfaction of the Magistrate that such article was

delivered to the analyst in the same condition as regards to
purity or impurity as it was when received from the seller.

Analyst's
certificate prima

93. O n the hearing of any complaint under this Part
face evidence but the production of the certificate of the analyst shall be
analyst be sufficient evidence of the facts therein stated unless the
called as witness.

defendant shall require that the analyst shall be called as
a witness.

Power of entry. 94. The Board may at any time enter upon any
premises-

( a ) for the purpose of inspecting cattle, and for
inspecting the cleansing and drainage of all dairies and
other places in the occupation of persons carrying on
the trade of dairymen, and otherwise for making such
inspection as may be necessary to give effect to this Part;
and

(6) to enforce obedience to all regulations made
under section 87.

Prevention of use 95. (1) If at any time disease exists among the cattle
of milk from
diseased cows. in a dairy or cowshed or other building or place, the milk

of a diseased cow therein-

( a ) shall not be mixed with other milk;

( b ) shall not be sold or used for human food; and

(c) shall not be sold or used for food of swine or
other animals, unless and until it has been boiled.

(2) Any person contravening or counselling or procuring
the contravention of any of the provisions of this section shall
on summary conviction be liable for a first offence to a fine
not exceeding five hundred dollars and for a subsequent
offence to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding three months.

(3) For the purposes of this section "disease" includes-

Anthrax
Brucellosis

LAWS OF ANTIGUA AND BARBUDA

Public Health ( C A P . 353 69

Cattle plague
Contagious pleuropneumonia
Cowpox
Diphtheria
Epizootic abortion
Foot and mouth disease
Leptospirosis
Mange
Mastitis, all forms
Milker's nodes
Paratuberculosis Uohne's disease)
Q fever
Rabies
Rinderpest
Salmonella infections
Ticks fevers (anaplasmosis & prioplasmosis)
Tuberculosis,

and any condition whose symptoms include pyrexia, chronic
cough or diarrhea and any other disease specified by the
Cabinet by order in the Gazette.

96. The Board may make regulations for determining Regulations as to
presumptive what deficiency in any of the normal constituents of milk, e,;dence of

or what proportion of water, in a sample shall for the purposes adulteration of
milk. of this Act raise a presumption, until the contrary is proved,

that the article sampled is not genuine milk.

97. (1) Every manufacturer of, or dealer in, ice-cream Provisions as to
ice-cream likely

shall, upon the occurrence of any milk-borne disease among to cause ,ilk.
the persons living or working in or about the premises on borne disease.
which the ice-cream is manufactured, stored or sold, forth-
with give notice thereof to the medical officer of health of
the district and, if he fails to do so, shall be guilty of an
offence and liable on summary conviction to a fine not
exceeding two hundred and fifty dollars.

(2) If the medical officer of health of a district has
reasonable ground for suspecting that any ice-cream, or
substance intended for use in the manufacture of ice-cream
is likely to cause any milk-borne disease, he may give notice
to the person in charge thereof that until further notice, the
ice-cream or substance in question, or any specified portion
thereof, shall not be used for human consumption and either

LAWS OF ANTIGUA AND BARBUDA

70 CAP. 353) Public Health

shall not be removed, or shall not be removed except to some
place specified in the notice.

(3) A person who uses or removes any ice-cream or
substance in contravention of the requirements of a notice
given under subsection (2) shall be guilty of an offence and
liable on summary conviction to a fine not exceeding five
hundred dollars.

(4) If on further investigation the medical officer of
health of a district is satisfied that the ice-cream or substance
in question may safely be used for human consumption, he
shall forthwith withdraw his notice, but, if he is not so satisfied
he shall cause it to be destroyed, and he shall also cause to
be destroyed any other ice-cream or such substance as
aforesaid then on the premises as to which he is not satisfied.

(5) Subject as hereinafter provided, where a notice given
under subsection (2) is withdrawn by the medical officer of
health of a district or causes any ice-cream or other substance
to be destroyed, the Board shall compensate the owner of
the ice-cream or other substance in question for any deprecia-
tion in its value resulting from the action taken by the medical
officer of health of the district, or as the case may be, for
the loss of its value, the amount of such compensation being
fixed by the Magistrate of the district upon application by
the owner of such ice-cream or other substance:

Provided that-

(a) no compensation shall be payable under this
section in respect of the destruction of any ice-cream
or substance if the Board proves that it was likely to
cause any milk-borne disease;

(6) no compensation shall in any case be payable
under this section-

(i) in respect of any ice-cream or substance
manufactured on, or brought within, any
premises while a notice given under sub-
section (2) with respect to anything on those
premises was operative; or

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 7 1

(ii) in any case where the owner of the ice-cream
or substance in question has failed to give a
notice which he was required by subsection (1)
to give.

(6) For the purposes of subsection (5), the value of any
ice-cream or other substance shall not be assessed at a sum
exceeding the cost incurred by the owner in making or pur-
chasing it.

(7) In this section "milk-borne disease" means any
disease specified in the Third Schedule and any other disease Third Schedule.
which the Cabinet may by order declare to be for the purposes
of this section a milk-borne disease. -.

PART X

98. (1) The Board may make regulations for all or Regulations.
any of the following matters, that is to say-

(a) the inspection of hotels, restaurants, retail
shops, and places where any article cooked or uncooked,
and intended for human consumption, is sold, exposed
or offered for sale, or deposited for the purpose of sale
or of preparation for sale;

( b ) the cleanliness and disinfection of the premises
and of all instruments, appliances, furniture, utensils,
fixtures and accessories used in connection with the
business carried on in any hotel, restaurant, retail shop
or other such place;

(6) the protection from contamination by dust, flies,
and otherwise of all articles intended, exposed or offered
for sale for human consumption in such hotels,
restaurants, retail-shops and other places;

(4 the precautions to be taken against the spread
of infection or communication of disease from, to or
amongst persons on such premises, whether occupiers,
employees, employers, guests or customers;

LAWS OF ANTIGUA AND BARBUDA

72 CAP. 353) Public Health

( e ) the painting, varnishing, distempering, or lime-
washing of the inner and outer walls, and of all fixtures,
counters, shelves, doors, windows and partitions of such
hotels, restaurants, retail shops and other places;

(n the duties of owners and occupiers with regard
to the removal and disposal of all refuse and waste
matters from such hotels, restaurants, retail shops and
other places;

(g) the registration of retail shops and places where
any article of food, whether solid or liquid, cooked or
uncooked, intended for human consumption is sold,
exposed or offered for sale, or deposited for the pur-
pose of sale, or of preparation for sale;

(h) the registration of all persons conveying or
delivering from house to house, for purposes of sale,
selling or offering for sale outside of any building or
in any street, square or other place, any foodstuffs,
bread, cakes, pastry or other confectionery, cooked food,
sweet drinks, ices or other solid or liquid refreshments;
and the issue of badges denoting registration to such
persons;

(i) the cancellation of registration for breaches of
regulations;

the providing that any person registered under
any regulation made under this section shall carry and
exhibit his badge of registration when lawfully required;

( k ) the charging of fees for the badges mentioned
in this section;

(I) the securing of the cleanliness of all persons
registered under this section, or employed in retail shops
registered under this section;

(m) the securing of the cleanliness of all appliances,
utensils, instruments, vessels and accessories used in con-
nection with the business described in paragraph (h) .

(2) Every registration under subsection (1) shall, unless
cancelled, be and continue in force from the date of its issue
until the 31st day of December next thereafter.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 73

99. (1) The Board may make regulations for secur- zg:p;:ith
ing the observance of sanitary and cleanly conditions and handling,
practices in connection with the handling, wrapping and wrapping, etc, of

food and the sale
delivery of food sold or intended for sale for human con- .f food in the
sumption, and in connection with the sale or exposure for air.
sale in the open air of food intended for human consumption.

(2) Regulations made under this section may be
restricted in their application to the City or to such other
parts of or places in the Island as may be prescribed in the

F regulations.

PART XI -

100. The Governor-General may by proclamation Declaration of
infectious

declare any disease (in addition to the diseases mentioned disease.
in section 2) to be an infectious disease or a dangerous
infectious disease within the meaning of this Act, and so long
as the proclamation remains unrevoked, the disease specified
therein shall be deemed to be an infectious disease, or a
dangerous infectious disease, as the case may be.

1 . The Governor-General shall have power- Provision of
isolation

(a) to cause to be provided in such parts of Antigua ~ ~ , $ ~ ~ l S and
and Barbuda as he may deem fit, one or more hospitals
or camps for the reception and isolation of persons
suffering from infectious diseases;

(b) to expend from the public funds of Antigua and
Barbuda such sums of money as may be approved by
Parliament for the purpose of carrying out the provi-
sions of this Part.

( 6 ) to do all such other matters and things as the
Cabinet may deem necessary for the protection of the
public health.

Board to deal 102. (1) The Board shall have the direction of all w ~ t h . dangerous
measures dealing with dangerous infectious diseases, and may infectious
make regulations with regard to the control of any dangerous diseases.
infectious disease for all or any of the following purposes-

LAWS OF ANTIGUA AND BARBUDA

7 4 CAP. 353) Public Health

(a) for the restraint, segregation, and isolation of
persons suffering from any dangerous infectious disease,
or likely because of exposure to infection to suffer from
any such disease;

(b) the removal to hospital and the curative treat-
ment of persons suffering from any dangerous infectious
disease;

(6 ) the removal, disinfection and destruction of
personal effects, goods, houses and other property
exposed to infection from any dangerous infectious
disease;

(d) the speedy burial or cremation of the dead, and
in such last mentioned case the provision of crematoria;

( e ) house to house visitation and inspection;

m t h e provision of medical aid and
accommodation;

(g) the promotion of cleanliness, ventilation and
disinfection;

(h) the prevention of the spread of dangerous
infectious diseases as well in the internal waters and the
territorial sea, as on land;

(i) the doing of any such matter or thing as may
appear advisable for preventing or checking such
diseases;

prescribing penalties on summary conviction not
exceeding three thousand dollars a day for a continu-
ing offence:

Provided that with respect to any hospital or to any
institution for the relief of the sick and destitute, or to any
patient therein, the power given by this section shall not be
exercisable by the Board, but such powers shall be exercised
by the Cabinet:

Provided further that in the event of any immediate
action becoming, in the opinion of the Governor-General
acting in his discretion, necessary to deal with any dangerous
infectious disease under the provisions of this section or of
any regulations made thereunder, and of its not being
practicable, in the opinion of the Governor-General, to have

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 75

a meeting of the Board forthwith, the Governor-General
acting in his discretion may, pending the holding of such
a meeting, take all such measures and do all such things,
exercise all such powers, and enjoy all such privileges and
immunities as may be taken, done, exercised, or enjoyed
by the Board, and all such measures and things and the
exercse of such powers shall be as effectual, valid and
protected in all respects as if they had been taken, done,
or exercised by or under the authority of the Board.

(2) There may be attached to any breach of any regula-
tion made under this section on summary conviction a fine
not exceeding five thousand dollars or a term of imprison-
ment with or without hard labour not exceeding s imonths .

103. For the purpose of this Part, the Board may, Board to order
execution of

if they shall think fit, order that any work or nuisance, which in
any person is required by this or any other Act relating to cases.
the public health to execute or remove, be executed and
removed at the charge of the public revenue by any person
whom they may for that purpose appoint, and the expenses
incurred in the execution of such work and in the removal
of such nuisance shall be a debt due to the Crown by any
such person as aforesaid.

104. (1) Where any inmate of any premises used for Notification of
~nfectious

human habitation is suffering from any infectious disease, d;sease,.
or any disease the symptoms of which raise a suspicion that
it may be an infectious disease, then the following provi-
sions shall have effect, that is to say-

(a) the head of the family to which such inmate
(in this Part referred to as "the patient") belongs and
in default of the head of the family, the nearest relative
of the patient present in the premises or being in attend-
ance on the patient and in default of such relative every
person in charge of or in attendance on the patient, and
in default of any such person the occupier of the
premises, shall, as soon as he becomes aware that the
patient is suffering from an infectious disease or a disease
suspected to be infectious, send notice thereof to the
medical officer of health of the district where such patient
resides, and such medical officer shall forthwith send
a copy of such notice to the secretary of the Board;

LAWS OF ANTIGUA AND BARBUDA

7 6 CAP. 353) Public Health

(6) every medical practitioner attending on or called
to visit the patient shall forthwith, on becoming aware
that the patient is suffering from an infectious disease
or a disease suspected to be infectious, send to the
Medical Officer of Health a certificate stating the name
of the patient, the situation of the premises and the
disease from which in the opinion of such medical
practitioner such patient is suffering or suspected to be
suffering.

(2) Every person required by this section to give a notice
or certificate, who fails to give same, shall be liable on
summary conviction to a fine not exceeding one hundred
dollars.

(3) In this section the expression "occupier" includes
a person having the charge, management or control of any
premises or of any part thereof in which the patient is, and
in the case of a house the whole or any part of which is let
to lodgers, the person receiving the rent payable by the
tenants or lodgers either on his own account or as the agent
of another person, and in the case of a ship, vessel, boat
or aircraft the master or other person in charge thereof.

Form of
certificates.

105. The Board may prescribe forms for certificates
under this Act, and any forms so prescribed shall be used
in all cases to which they apply.

Powers of entr] 106. (1) The Medical Officer of Health, the medical
officer of health of a district, or a medical practitioner
authorized by the Board may at any time enter and inspect
premises in the district in which he has reason to believe
that any infectious disease exists, or has recently existed,
and may examine any person found on such premises with
a view to ascertain whether any such person is suffering or
has suffered, from any infectious disease, and may also
examine any dead body found on such premises, and in the
event of admission, inspection or examination being refus-
ed, the Magistrate of the district may grant a warrant
authorizing such entry, inspection and examination, and on
such warrant being exhibited, any person refusing to admit
such Medical Officer of Health, medical officer of health of
the district or medical practitioner to such premises, or
obst'ructing him in making the inspection or examination

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 7 7

as aforesaid, shall be liable on summary conviction to a fine
not exceeding one hundred dollars for every such offence.

(2) Such Medical Officer of Health, medical officer of
health of the district, or medical practitioner may, for the
purpose of examination, order the removal of the body of
any person suspected to have died of an infectious disease.

(3) For the the purpose of this section "premises7' means
any dwelling, ship, boat, aircraft, tent, van, shed or similar
structure used for human habitation in like manner as nearly
as may be as if it were a building but nothing in this Act
shall apply to any ship, vessel, boat or aircraft belonging
to Her Majesty the Queen or to any inmate t h e r e o m o r
to any ship, vessel or boat belonging to any foreign
government.

107. (1) Where any suitable hospital or place for the pemoval to
isolation hospital. reception of the sick, established and maintained from public

funds, is provided, any person who is suffering or suspected
to be suffering from an infectious disease, and is without
proper lodging or accommodation, or is so lodged that proper
precautions cannot be taken for preventing the spread of
disease, or is lodged in any common lodging house, or is
on board a ship, vessel or aircraft, may, on a certificate signed
by the Medical Officer of Health, the medical officer of health
of the district or any medical practitioner authorized by the
Board, and with the consent of the persons in this section
mentioned, be removed by order of any Justice or Magistrate,
to such hospital or place at the cost of the Board; and such
person may be detained at such hospital or place so long
as he continues in an infected condition, and any police officer
or any person authorized by the Medical Officer of Health
engaged or aiding and assisting in such removal may for
the purpose of such removal break into any house or any
building whatsoever and may break open any door in any
such house or building.

(2) An order under this section may be addressed to
any police officer or officer of the Board; and any person
who wilfully disobeys or obstructs the execution of such order
shall be liable on summary conviction to a fine not exceeding
five hundred dollars.

LAWS OF ANTIGUA AND BARBUDA

78 CAP. 353) Public Health

(3) In the case of the Holberton Hospital the consent
in this section mentioned shall be that of the medical
superintendent thereof, and in the case of any other hospitals
or places for the reception of the sick established or main-
tained from public funds, that of the medical officer in
immediate charge thereof.

Infected person
not to carry on

108. (1) A person who knows himself to be suffer-
occupation. ing from an infectious disease, or who is nursing or attending

on a case of infectious disease, shall not milk any animal
or engage in any occupation connected with food, or carry
on any trade or business in such manner as to be likely to
spread the infectious disease, and if he does so he shall be
guilty of an offence and liable on summary conviction to
a fine not exceeding one hundred dollars:

Provided that "infectious disease" in this subsection shall
not include dengue, food poisoning, influenza, malaria and
tetanus.

(2) If any person-

(a) while suffering from an infectious disease,
wilfully exposes himself without proper precautions
against spreading the disease in any street, public place,
shop, hotel or public conveyance; or

( b ) being in charge of any person so suffering, so
exposes such sufferer, or causes such sufferer to be so
exposed,

he shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding one hundred dollars.

Infected clothes
not to be sent to

109. (1) No person shall give, lend, sell, transmit
laundry. etc. or expose without ~revious disinfection, any bedding, . .

clothiig, rags or other things which have beenaexposed ;
infection from any infectious or communicable disease.

(2) No person shall take, send or deliver to any public
wash house or to any laundry, or give to any person for
the purpose of being washed, any bedding, clothes or other
things which he knows to have been exposed to infection
from any infectious or communicable disease, unless they
have been disinfected to the satisfaction of the Board or a
medical practitioner.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 79

(3) If any person acts in contravention of the foregoing
provisions of this section, he shall be liable on summary con-
viction in respect of each offence, to a fine not exceeding
five hundred dollars.

(4) The Board may, on the application of any person,
pay the expenses of the disinfection of any such bedding,

I clothes or other things, if carried out by them or under their
t direction.

d

f 110. (1) Where the Board, on the certificate of a ~~~::r;$articles
e
t medical practitioner, are satisfied that the cleansing, p d c a - to be purified.
8 tion or destruction of any article in a dwelling house is, by
1

reason of the filthy condition of the article, necessary to
B

prevent injury or to remove or obviate risk of injury to the
health of any person in the dwelling house, the Board may
cause the article to be cleansed, purified or destroyed at their
expense.

(2) Where a person sustains damage in consequence
of the exercise by the Board of their powers under this section,
and the conditions of the article with respect to which those
powers have been exercised is not attributable to his act or
default, the Board shall make reasonable compensation to
that person.

1 . (1) No person, being the parent or having the Child suffering
from dangerous

care or charge of a child who is or has been suffering from infectious disease
a dangerous infectious disease or has been exposed to not to attend

school.
infection, shall, after a notice from the medical officer of
health of a district or a medical practitioner that the child
is not to be sent to school, permit such child to attend school
without having procured from such medical practitioner a
certificate (which shall be granted free of charge on applica-
tion) that in his opinion such child may attend without undue
risk of communicating such disease to others.

(2) The person in charge of a school in which any pupil
is suffering from a dangerous infectious disease shall, if
required by the Board, furnish them with a complete list
of the names and addresses of the pupils.

LAWS OF ANTIGUA AND BARBUDA

80 CAP. 353) Public Health

(3) Any person who shall offend against this section
shall, for every offence, be liable on summary conviction
to a fine not exceeding five hundred dollars.

Provisions as to
library books.

1 . (1) If any person knows that he is suffering from
a dangerous infectious disease, he shall not take or use any
book or cause any book to be taken for his use from any
public or circulating library.

(2) A person shall not permit any book which has been
taken from a public or circulating library which he knows
to have been exposed to infection from any dangerous infec-
tious disease, or permit any such book which is under his
control to be so returned, but shall give notice to the Board
that the book has been so exposed to infection and the Board
shall cause the book to be disinfected and returned to the
library, or to be destroyed.

(3) The Board shall pay to the proprietor of the library
from which the book is procured the value of any book
destroyed under the power given by this section.

(4) If any person acts in contravention or fails to comply
with this section, he shall be liable on summary conviction
in respect of each offence to a fine not exceeding one hundred
dollars.

(5) In this section the term "book" includes newspapers,
magazines and other periodicals.

Prohibiting
conveyance of

1 1 The owner or driver of a public vehicle, used
persons with for the carrying of passengers at separate fares, shall not
dangerous knowingly convey, or any other person shall not knowingly
infectious disease
in public place, in any such public vehicle, a person suffering from
vehicles. any dangerous infectious disease, or a person suffering from

any such disease shall not enter any such vehicle, and every
person who shall offend against this section shall, for every
offence, be liable on summary conviction to a fine not
exceeding one hundred dollars.

Penalty on 114. Every owner or driver of a public vehicle shall
failing to provide
for the immediately provide for the disinfection of such vehicle after
disinfection of it has to his knowledge conveyed any person suffering from
public vehicles.

a dangerous infectious disease, and if he fails to do so he

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 8 1

shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding two hundred and fifty dollars;
but no such owner or driver shall be required to convey any
person so suffering until he has been paid a sum sufficient
to cover any loss or expense incurred by him in carrying
into effect the provisions of this section.

1 (1) If any person suffering from a dangerous Driver or owner
of vehicle infectious disease is conveyed in any public vehicle, the owner conveying

or driver thereof, as soon as it comes to his knowledge, shall dangerous
infected persons give notice to the medical officer of health of the district, to give notice.

and shall cause such vehicle to be disinfected, and if such
owner or driver fails to do so he shall be guilty of an offence
and liable on summary conviction to a fine not excee&ng
two hundred and fifty dollars; but the owner or driver of
such vehicle shall be entitled to recover in any court of com-
petent jurisdiction from the person so conveyed, or from the
person causing that person to be so conveyed, a sufficient
sum to cover any loss and expense incurred by him in con-
nection with such disinfection.

(2) It shall be the duty of the Board, when so requested
by the owner or driver of such public vehicle, to provide
for the disinfection of the same free of charge, except in cases
where the owner or driver conveyed a person knowing that
he was suffering from a dangerous infectious disease.

1 Any person who hires or uses a public vehicle Disinfection public vehicles of if
other than a hearse for the conveyance of a person who has used for carrying
died from any dangerous infectious disease, without pre- corpse.
viously notifying the owner or driver of such public vehicle
that the person whose body is or is intended to be conveyed
has died from a dangerous infectious disease and, after such
notification as aforesaid, the owner or driver of a public
vehicle which has been used for conveying the body of a
person who has died from a dangerous infectious disease,
and who shall not immediately afterwards provide for the
disinfection of such vehicle to the satisfaction of the Board
shall be liable on summary conviction to a fine not exceeding
two hundred and fifty dollars.

117. (1) Where the Board, on the certificate of a ~ ~ i ; ~ ~ e c k
medical practitioner, are satisfied that the cleansing or prevent spread
disinfection of any premises or part thereof or of any articles of disease.

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82 CAP. 353) Public Health

therein likely to retain infection, or the destruction of such
articles, would tend to prevent or check any infectious disease,
the Board shall serve a notice on the occupier, or, if the
premises are unoccupied, on the owner of the premises,
requiring the cleansing or disinfection of the premises or any
part thereof or the disinfection or destruction of any articles
therein to the satisfaction of the medical officer of health of
the district within a time to be specified in the notice.

(2) If the occupier or owner fails to have the premises
or part thereof cleansed or disinfected or the articles
disinfected or destroyed within the time specified in the notice,
the same may be cleansed, disinfected or destroyed, by the
Board at the cost of such owner or occupier:

Provided always that if in the opinion of the medical
officer of health of the district, the owner or occupier is unable
effectually to cleanse or disinfect the premises or any part
thereof or to disinfect or destroy such articles, the same may
without such notice, be cleansed, disinfected or destroyed
by the Board at the cost of the Board.

Penalty for
letting dangerous

118. Any person who knowingly lets for hire any
infected houses. house, room or part of a house in which any person has

been suffering from any dangerous infectious disease, without
having such house, room or part of a house, and all articles
therein liable to retain infection, disinfected to the satisfaction
of the medical officer of health of the district, shall be guilty
of an offence and liable on summary conviction to a fine
not exceeding one thousand dollars.

For the purpose of this section the keeper of an inn,
hotel or lodging house shall be deemed to let for hire part
of a house to any person admitted as a guest to such inn,
hotel or lodging house.

Power of 119. (1) Where either-
Magistrate to
order removal of
dead body.

(a) the body of a person who has died from a
dangerous infectious disease has been retained in a room
in which persons live or sleep; or

(b) the body of a person who has died of a dan-
gerous infectious disease is retained, without the sanction
in writing of the medical officer of health of the district
or any medical practitioner for more then twenty-four

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 83

hours, elsewhere than in a room not used at the time
as a dwelling place, sleeping place or workroom; or

( 6 ) where any dead body is retained in any house
or room or ship under circumstances which, if continued
may endanger the health of the inmates thereof, or of
any adjoining or any neighbouring house or building; or

(d) any dead body found within the district is
unclaimed or no sufficient person undertakes to bury it,

a Magistrate may, on a certificate signed by a medical officer
of health of the district or other medical practitioner, direct
that the body be removed at the cost of the Board, to any
available mortuary, and be buried within the time limited
by the Magistrate; and may, if it is the body of a p m n
who has died of a dangerous infectious disease, or if he con-
siders immediate burial necessary, direct that the body be
buried immediately without removal to the mortuary.

(2) If any person obstructs the execution of any direc-
tion given by a Magistrate under this section, he shall be
guilty of an offence and liable on summary conviction to
a fine not exceeding five hundred dollars.

120. If any person shall die from any dangerous Bodies of persons
dying of

infectious disease in any hospital or place of temporary dangerous
accommodation for the sick, and the medical officer of health j:fr~:;;~F::;;
of the district or other medical practitioner in charge of such to be removed
hospital or place certifies that in his opinion it is desirable, only for burial.
in order to prevent the risk of communicating any dangerous
infectious disease or of spreading infection, that the body
shall not be removed from such hospital or place except for
the purpose of being forthwith buried, it shall not be lawful
for any person or persons to remove such body from such
hospital or place except for the last mentioned purpose; and
when the body is taken out from such hospital for that purpose
it shall be forthwith carried or taken direct to some cemetery
or place of burial and shall be forthwith there buried; and
any person wilfully offending against this section shall be
guilty of an offence and liable on summary conviction to
a fine not exceeding five hundred dollars:

Provided that nothing in this Act ,shall prevent the
removal of any dead body from any hospital or temporary
place of accommodation for the sick to any mortuary, and

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84 CAP. 353) Public Health

such mortuary shall, for the purposes of this section be
deemed part of such hospital as aforesaid.

Wake not to be
held over body

2 . It shall not be lawful to hold any wake over the
of dying body of any person who has just died of a dangerous infec-
of dangerous tious disease, and the occupier of any house or premises who
infectious
disease. permits or suffers any such wake to take place in such house

or premises, and every person who attends to take part in
such wake shall be guilty of an offence and liable on sum-
mary conviction to a fine not exceeding one hundred dollars.

Provision of
nursing
attendance.

122. (1) The Board may provide nurses for attend-
ance on patients suffering from any infectious disease in their
district who, owing to want of accommodation at the hospital,
or the danger of infection, cannot be removed to the hospital,
or in cases where removal to the hospital is likely to endanger
the patient's life.

(2) The Board may charge such reasonable sums for
the service of nurses provided by them as they think fit.

General powers
to enter and

123. For the purposes of this Part, any person
out work. authorized to act under the provisions hereof or of any rewla-

a -
tions made in pursuance of any authority contained in this
Part may at any time, with or without assistance-

( a ) enter on lands and buildings and inspect and
examine the same and all things thereon or therein;

(b) do on any land or in any building any sanitary
or other work authorized or directed;

(c) generally do, with respect to persons, places,
lands, buildings, animals or things, whatever is necessary
or expedient in order to carry out the foregoing provi-
sions of this Part or any direction or requirement given
or arising thereunder.

Trades which
persons suffering

124. (1) A person who knows or suspects that he is
from a dangerous suffering from a dangerous infectious disease shall not carry
infectious disease on or be engaged in any of the trades or callings specified
shall not carry
on. in the Fourth Schedule or any trade or calling which the

Fourth Cabinet may from time to time prohibit him from carrying
Schedule. on.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 85

( 2 ) An employer shall not knowingly employ any person
suffering from a dangerous infectious disease in any such
trade or calling.

(3) If the Board suspects that any person engaged in
any such trades or callings is suffering from a dangerous
infectious disease they may by themselves or by their
authorized officer enter upon the premises where any such
trade or calling is being carried on and examine the persons
employed therein.

125. All regulations made under this P a r t a l l when ,P;,bJ;'","? and
published in the Gazette thenceforth have the same effect and regulations.
operation as if they were enacted and formed part of this Act.

126. (1) Where the Board shall report to the ~ ; ~ ~ t p o w e r s o f
Cabinet-

( a ) the existence of any local conditions in any part
of Antigua and Barbuda tending to endanger the health
of the public, and there shall be no means under any
existing Act whereby such conditions may be removed
or guarded against; or

( b ) that any part of Antigua and Barbuda appears
to be threatened with or affected by any formidable
epidemic, endemic or infectious disease and that
measures of precaution apart from or in addition to the
provisions in this Act, should be taken with promptitude,

it shall be lawful for the Cabinet from time to time by order
to direct the enforcement of any measures recommended by
the Board, or any other measures that he may deem expedient
for removing or otherwise guarding against any such con-
dition and the probable consequences thereof or for
preventing or mitigating as far as possible any such epidemic,
endemic or dangerous infectious disease.

( 2 ) Every order issued under the authority of this section
and all acts done in pursuance of or under the authority of
such order shall be as valid and legal as if the same was
or were authorized in express words by some Act.

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86 CAP. 353) Public Health

PART XI1

Regulations for
prevention of

127. (1) For the purpose of preventing the breeding
mosquitoes. of mosquitoes, the Board may make regulations relating to

all or any of the following matters, that is to say-

( a ) the protection of receptacles for storing water
by wire gauze or other efficient means;

( 6 ) the keeping of premises free from stagnant water
liable to breed mosquitoes, and from articles, appliances,
trees or plants which may retain stagnant water liable
to breed mosquitoes;

( c ) the spraying of premises with any insecticide
approved by the Medical Officer of Health;

(6) the disinfecting and oiling of cesspits and the
cleaning out of catchpits;

(e) the keeping in repair and free of obstruction
of eaves, gutters, and downpipes;

Cf) the cutting down of bush or undergrowth liable
to harbour mosquitoes.

(2) The Board shall have powers of entry at all
reasonable times into any premises, dwelling house, public
building, ship, boat or aircraft in order to carry out these
regulations.

(3) The Board may declare by resolution published in
the Gazette that an adequate supply of potable water exists
in any area or district and thereafter make regulations to
prohibit the storing of water in barrels, tubs, tins, or similar
vessels in such area or district.

PART XI11

SCHOOL HYGIENE
Sanitary control. 128. (1). No school shall be established unless the

Board previously approve of the sanitary arrangements
thereof, and any school when established and all existing
schools shall be subject to the sanitary control of the Board.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 87

(2) The medical officer of health of a district or public
health inspector whom he may appoint for such purpose may
enter any school premises for the purpose of making an
examination of the school premises.

(3) The master for the time being in charge of such
school shall afford every facility to the medical officer of health
of the district or public health inspector in the furtherance
of such examination or inspection.

129. (1) The principal of any school where any pupil List of scholars
to be furnished

is su-ffering from an infectious disease shall, if required by ,he, pupil in
the Board, furnish to them within a reasonable time fixed. school is

suffering from an
by them a complete list of names and addresses of the pupils ;nfectious
in or attending at the school or any specified department disease.
thereof other than boarders.

(2) In this section "principal" means the person in
charge of the school, and includes, where the school is divided
into departments and where there is no single person at the
head of the whole school, as respects each department the
head of that department.

130. For the purpose of regulating the sanitation of Regulations.
school premises the Board may make regulations for any
of the following matters-

(a ) the lighting and ventilation of classrooms;

(6 ) the types and sizes of desks, cloakroom,
lavatory, water closet and latrine accommodation and
the water supply; and

(c) generally for the cleanliness and sanitation of
school premises.

13 1. Any person who contravenes, or fails to comply Penalty.
with or obstructs any officer in the execution of any of the
provisions of this Part shall be guilty of an offence, and liable
on summary conviction to a fine not exceeding two hundred
and fifty dollars, or in the case of a continuing offence to
a further fine not exceeding one hundred dollars for each
day after written notice from the Board.

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88 CAP. 353) Public Health

PART XIV

Prevention of the
treatment of

132. A person shall not, unless he is a duly registered
venereal disease medical practitioner, treat any person for venereal disease . .

than or prescribe any remedy therefor, or give any advice in con-
by duly qualified
persons. nection with the treatment thereof, whether the advice is given

to the person to be treated or to any other person.

Prohibition of
advertisements

133. No person shall take any part in the publica-
relating to tion of any advertisement referring to any article or articles

disease. of any description, in terms which are calculated to lead to
the use of that article or articles of that description for the
purpose of treatment of human beings for venereal disease.

Prohibition of
advertisements

134. No person shall take any part in the publica-
relating to tion of any advertisement referring to any article or articles -
certain of any description, in terms which are calculated to lead to
diseases.

the use of that article or articles of that description for the
purpose of the treatment of human beings for any of the
following conditions namely, Bright's disease, cataract,
diabetes, epilepsy or fits, glaucoma, locomotor ataxia,
paralysis, tuberculosis, stone, cancer, virility or the lack
thereof, sexual impotence.

Prohibition of
advertisements

135. No person shall take any part in the publica-
relatine to tion of any advertisement referring to any article or articles
a b ~ r t i ~ n . of any description, in terms which are calculated to lead to

the use of that article or articles of that description for pro-
curing the miscarriage of women:

Provided that this section and sections 133 and 134 shall
not apply to an advertisement published by the Board or
by any person acting with the sanction of the Medical Officer
of Health.

Penalties. 136. (1) If any person contravenes any of the pro-
visions of sections 132, 133, 134 and 135, he shall be guilty
of an offence and liable on summary conviction-

( a ) in the case of a first conviction to a fine not
exceeding one thousand dollars; and

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 89

(6) in the case of a subsequent conviction, to a fine
not exceeding two thousand dollars, or to imprisonment
with or without hard labour, for a term not exceeding
three months, or to both such fine and such
imprisonment.

(2) Where a person convicted of an offence as mentioned
in subsection (1) has been within twelve months previously
convicted of an offence as mentioned in the said subsection,
the court may, if it thinks fit, and finds that such person
knowingly and wilfully committed such offences, order that
a notice of the facts be affixed, in such form and manner
and for such period not exceeding twenty-one days as the
court may order, to any business premises or to any stall
in the market occupied by that person, and that the person
do pay the cost of affixing; and if any person obstructs the
affixing of such notice, or removes, defaces or conceals the
notice affixed during the said period, or assaults, obstructs
or resists any person duly authorized to affix such notice,
he shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding two hundred and fifty dollars.

PART XV

137. (1) It shall not be lawful to establish or carry i:;t of
on the offensive trades specified in the Fifth Schedule unless Fifth Schedule.
with the consent in writing of the Board.

(2) Every person who establishes or carries on an
offensive trade in contravention of this section shall be liable
on summary conviction to a fine not exceeding three thou-
sand dollars for every day on which he carried it on, whether
there has or has not been a conviction in respect of the
establishing of the trade.

138. With respect to offensive trades heretofore or :;::;?;
hereafter lawfully established, the Board may make regula- ,,ffe,,iVe
tions as to the conditions subject to which and the place in
which such trades may be carried on, in order to prevent
or diminish the offensiveness of the trades and to safeguard
the public health.

LAWS OF ANTIGUA AND BARBUDA

90 CAP. 353) Public Health

PART XVI

Licensing of
slaughter-houses.

139. The Board may provide or license slaughter-
houses, and from and after the provision of any such
slaughterhouse, it shall not be lawful for any person to
slaughter within a radius of two miles thereof any animal
intended for the food of man except in the slaughterhouse
provided therefor; and any person acting in contravention
of the provisions of this section shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
one thousand dollars for each animal slaughtered.

In this section "animal" means any bull, ox, bullock,
steer, cow, heifer, calf, sheep, lamb, pig, goat, kid or turtle,
and any other animal which, by order, the Cabinet may
declare to be included in such term.

Regulations. 140. (1) The Board may make regulations for
regulating the use of slaughterhouses, and of all buildings,
stalls, pens, slaughtering places, or other parts thereof, and
the approaches thereto, any pastures attached thereto, and
specifically for all or any of the following purposes, namely-

( a ) for fixing the tolls, rents and other charges to
be paid thereat, and for regulating the rights and
liabilities of owners of any animals brought therein, and
the right of access to such slaughterhouses, and
appurtenant grounds or any part thereof;

( b ) for regulating the manner of occupying and
using such slaughterhouses, and the inspection and
slaughtering of animals therein;

(c) with respect to the licensing of slaughtermen
and the suspension, revocation and cancellation of such
licences;

(d) for fixing the hours at which such slaughter-
houses shall be opened and closed;

(e) for fixing the hours when, and prescribing the
conditions and requirements under and subject to which,
animals are to be slaughtered therein;

(f) for fixing the times when, and prescribing the
conditions and requirements under and subject to which,

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 9 1

carcases and other parts of any animal slaughtered in
such slaugherhouse shall be removed therefrom;

(g) for dealing with any animal which may be found
to be diseased; and for the disposal of any condemned
carcase or part thereof;

( h ) for regulating the feeding and watering of
animals brought therein and for preventing cruelty
therein;

(2) for regulating and fixing the charges for the use
of any scales provided by the Board;

0) for preventing nuisances and obstructions in any
slaughterhouses or any part thereof, or the a p p m h e s
thereto, or the grounds around the slaughterhouse
buildings and for the summary ejection from such
slaughterhouse, approaches, or grounds of any person
or persons found fighting or behaving in a disorderly
manner or creating any disturbance therein.

(2) The Board may make regulations for the general
management and control of markets.

(3) Regulations made under this section may be
restricted in their application to the City of Saint John's or
such other parts or places in Antigua and Barbuda as may
be prescribed in the regulations.

141. Where any owner makes default in complying Default of owners
In complying with any regulation under this section imposing any duty ,ith regulations.

on him with respect to any animal belonging to him, it shall
be lawful for the Board, without prejudice to their right to
institute summary proceedings for the breach of such regula-
tions, to undertake the execution of such duty, and the
expenses incurred for the purpose shall be a debt due from
such owner to the Board.

142. Where default is made by any owner in pay- F;9;:nkf
ment of any expenses due to the Board under this Part it
shall be lawful for the Board to recover such expenses by
summary proceedings before the Magistrate or by sale of
any animal of the owner then in the slaughterhouse.

LAWS OF ANTIGUA AND BARBUDA

9 2 CAP. 353) Public Health

PART XVII

Regulations. 143. The Board may make regulations as to all or
any of the following matters relating to shops, that is to say-

(a) the cleanliness and disinfection of the premises,
and of all instruments, appliances, furniture, utensils,
fixtures, and accessories used in or in connection with
the business carried on in such premises;

(b) precautions against the spread of infection or
communication of disease from, to or amongst persons
on such premises, whether occupiers, employers,
employees or customers;

( c ) the entry and examination of such premises by
the Board or duly authorized office.
In this section the term "shop" includes barbers7 shops

and any room in any shop used for the purpose of carrying
on the business of a barber, and also any other shop or room,
which by order, the Cabinet may declare to be included in
such term.

PART XVIII

Regulations. 144. The Board may make regulations as to all or
any of the following matters relating to factories and
workshops, that is to say-

( a ) the cleanliness of rooms and freedom from
effluvia;

(b) the removal of refuse;

(c) ventilation and light;

(d) sufficiency, type, and position of sanitary
conveniences;

( e ) precautions against the contamination of any
article of food or drink manufactured or in the course
of manufacture for human consumption;

(j) the registration of factories and workshops.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 93

In this section-

"factory" means any premises wherein, or within the
close or curtilage of which, mechanical power is
used to move or work any machinery;

"workshop" means any premises, room or place not
being a factory wherein, or within the close or curti-
lage of which, any manual labour is exercised by
way of trade or for the purposes of gain, and to
or over which premises, room or place the employer
of the persons working therein has the right of access
or control.

-.

PART XIX

145. (1) The owner of a barrack shall, immediately bar rac own"
upon the commencement of this Act. make a return in writing -
to the Board, signed by him or his authorized agent, giving
the situation and area of such barrack, the number of rooms
therein, and his name and address, and the name and address
of his agent, if any.

(2) The owner shall cause every room in his barrack
to be distinctly and separately numbered.

(3) The owner of any barrack who shall fail to comply
with the provisions of this section shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
fifty dollars in respect of every day on which he fails to
comply.

146. The Board shall keep a register in which shall Register of
common lodging

be entered the names and residences of the keepers of all houses and
common lodging houses and the owners of barracks, and barracks.
the situation of every house and barrack, and the number
of lodgers authorized under this Act by the ~ o a r d to be
received in any such lodging house.

147. A copy of any entry in the register as mentioned Evidence.
in section 146, certified by an officer of the Board to be a
true copy, shall be received in all courts and on all occasions

LAWS OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

as evidence, and shall be sufficient proof of the matter
registered, without production of the register or of any docu-
ment or thing on which the entry is founded.

Lodging house or
barrack not to be

148. A person shall not keep a common lodging house
occupied unless or receive a person therein or suffer any room in a barrack
registered. to be occupied unless the house or barrack is registered in

accordance with the provisions of this Act, and unless his
name as the keeper or owner thereof is registered under this
Act:

Provided that when the registered keeper of a common
lodging house dies, his widow or any member of his family
may keep the house as a common lodging house for not more
than four weeks after his death without being registered as
the keeper thereof.

Premises to be
inspected before

149. A house or barrack shall not be registered as
a common lodging house or barrack, as the case may be,
until it has been inspected and approved for the purpose by
the Board.

Penalty for using
unregistered

150. Any keeper of a common lodging house who
premises. . receives any lodger in such house, and any owner of a barrack

who lets or suffers to be occupied any room or rooms in
such barrack without registering the same under this Act,
shall be guilty of an offence and liable on summary con-
viction to a fine not exceeding two hundred and fifty dollars
and in the case of a continuing offence to a further fine not
exceeding one hundred dollars for every day during which
the offence is continued.

Burden of proof
as to persons

15 1. In any proceeding under the provisions of this
being of same Act relating to common lodging houses and to barracks, if
family. the inmates of any house or barrack or room or other part

of a house or barrack allege that they are members of the
same family, the burden of proving such allegation shall lie
on the person making it.

Regulations. 152. The Board may make regulations as to all or
any of the following matters in relation to common lodging
houses and barracks, that is to say-

( a ) the fixing and from time to time the varying
of the number of persons who may be received as lodgers

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 95

in each common lodging house and in each room
thereof, and in the separation of the sexes in such
common lodging houses;

(b) the promoting of cleanliness and ventilation;

(c ) the sufficiency of the water supply and privy,
shower bath, washing, drainage and dustbin accom-
modation and other appliances and means of cleanliness
in proportion to the number of lodgers and occupiers;

(6) the giving of notices and the taking of pre-
cautions in the case of any infectious disease;

(e) the inspection and the time of inspection thereof;

V) the collection and removal of re fuse .F

('g) the painting or limewashing of walls and
buildings;

( h ) the keeping by the owner in proper condition
of all drains and sanitary arrangements;

(z] the paving of yards;

0) generally, the keeping and well ordering of such
houses and barracks.

153. ( 1 ) If it appears to the Board that, in the case 2f$lti$ with
of a common lodging house or barrack default is made in replations or
complying with any regulations made under section 152 or Act.
with any of the provisions of this Act, the Board may, by
notice in writing specifying the default, require the keeper
of such common lodging house or owner of such barrack
to remedy the default within such time as may be specified
in such notice.

(2) If, within the time specified in the notice, the default
is not remedied to the satisfaction of the Board, they may
themselves do the work required to be done, and the expenses
incurred in so doing may be recovered in the manner
hereinafter prescribed, and until paid shall be a charge on
the premises in respect of which the work was done.

(3) Where the Board have incurred expenses in doing
work as aforesaid, such expenses may be recovered by the
Board, summarily before a Magistrate, together with interest

LAWS OF ANTIGUA AND BARBUDA

96 CAP. 353) Public Health

thereon at the rate of five per centum per annum computed
from the date of the completion of the work.

Cancelling
registration.

154. The Board, if at any time they are of opinion
that any person registered as the keeper of a common lodging
house is not a fit person for the purpose, may cancel the
registration.

Conditions on
which barrack

155. (1) No person shall take any steps to establish
may be a barrack, or to convert any premises into a barrack, except
established. with the consent of the Board, which consent shall only be

granted on the conditions following, that is to say-

( a ) that the barrack shall be established and con-
structed in conformity with a model plan and specifica-
tion to be drawn up by the Board;

( b ) that each room shall be sufficiently ventilated
directly to the outside air on at least two sides, and that
sufficient provision shall be made for the access of light
thereto;

(c) that no room shall ventilate into another;

(6) that roofs of all rooms shall be close boarded
and ventilated;

( e ) that the whole or such part of any yard as the
Board may direct shall be paved to the satisfaction of
the Board;

Cf) that the privy accommodation and the provi-
sion for the collection of refuse shall be such as may
be prescribed in each case by the Board.

(2) For the purposes of this section, each of the follow-
ing operations, namely-

( a ) the re-erection, wholly or partially, of any
building of which an outer wall is pulled down or burnt
down to within five feet of the ground;

(b ) the making of any addition to an existing build-
ing by raising any part of the roof, by altering a wall,
or making any projection from the building, but so far
as regards the addition only; and

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 9 7

( c ) the roofing and covering over of an open space
between walls or buildings,

shall be deemed to be the reconstruction or rebuilding of
a barrack.

(3) Any person taking any steps to establish a barrack
or to convert any premises into a barrack or to reconstruct
or rebuild any existing barrack, except with the consent of
the Board, shall be guilty of an offence and liable on sum-
mary conviction to a fine not exceeding three thousand
dollars.

156. (1) With regard to barracks existing at the com- Existing
barracks. mencement of this Act, the Board shall, in any case in which

the Medical Office of Health reports that a barrack is in such
a condition as to be unfit for human habitation or injurious
to the health of the occupants or to the public health, or
where the premises are incapable of being put in such con-
dition take such proceedings as may be necessary to have
the same closed:

Provided that the Board may at any time order the whole
or any part of any barrack to be paved or otherwise treated
to their satisfaction.

(2) In case of non-compliance with the provisions of
this section the procedure provided by section 23 shall apply.

PART XX

157. (1) It shall be lawful for the Board upon peti- J'n;kay be
tion from any church or denomination to direct that any assigned to a
portion of a public cemetery be set aside for the burial therein denomination.
of the bodies of members of that particular church or
denomination, and thereupon such portion of the public
cemetery shall be set aside for such purpose.

(2) Such portion of a public cemetery shall be governed
and managed under the provisions of the regulations for the
time being in force for the rest of the cemetery, in respect
of general management, registration of burials and fees.

LAWS OF ANTIGUA AND BARBUDA

98 CAP. 353) Public Health

Funeral services
at burials in
public
cemeteries.

158. At all burials in public cemeteries, the burial
service according to the rites of the church or denomination
to which the deceased belonged, may be performed or
celebrated by the proper ministers of that church or
denomination:

Provided that nothing herein shall extend, or be con-
strued to extend to making it necessary or compulsory that
a minister of any church or denomination shall be present
at any burial.

Regulations as to
cemeteries.

159. (1) The Board may make regulations as to the
establishment, management, and control of cemeteries and
all places used as burial grounds.

(2) The regulations may prescribe, as regards the
cemeteries and burial grounds-

( a ) the manner in which they shall be laid out and
the recording thereof;

(b) the distances of graves from one another;

( c ) the size and depths of graves;

(d) the number of bodies which may be buried in
one grave;

( e ) the keeping of registers of interments;

Cf) the fees to be paid for graves and in respect of
burials in the cemetery, and for any copy of an entry
in a register of interments;

(g) in the case of public cemeteries, for disposing
of the right of erecting and placing any monument,
gravestone, tablet, or monumental inscription in such
cemeteries; and

( h ) generally, all other matters necessary for their
proper regulation.

Regulations as to
interment or

160. (1) The Board may make regulations for-
embalming of
human corpses. (a) preventing the interment of any human corpse

in an unsuitable place, or in any place where, from the
proximity of human dwelling places or otherwise, danger
to the public health might arise from the interment, and

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 99

for limiting the time within which interments shall take
place; and

( b ) the embalming of any human corpse, the
preservation in and the transportion from Antigua and
Barbuda.

( 2 ) There may be attached to any breach of any regula-
tion under this section, on summary conviction, a fine not
exceeding one thousand dollars.

16 1. The Board may, on application made to them, gf;ne:rment
grant permission, subject to such conditions as they may think
fit to impose, to disinter the body of any person buried within -
Antigua and Barbuda in order that such body may be
cremated or reinterred at some other place within, or removed
from, Antigua and Barbuda.

Provided that-

( a ) the applicant is by reason of kinship, connec-
tion by marriage, or friendship with the deceased, or
on any other grounds of whatsoever kind, a fit and
proper person to make the application;

( b ) such disinterment can be effected without
danger to the public health; and

(c) having regard to all the circumstances of the
case it is expedient to grant such permission.

162. (1) Every such permission is to be granted either Disinterment to
be supervised by to the applicant, if he is able and intends to supervise the the applicant.

disinterment, or to some other person nominated by him,
who is able and willing to supervise the disinterment.

( 2 ) Every such permission shall be in writing and shall
state the name of the person to whom it is granted, and shall
be null and void if the grantee shall not personally supervise
the disinterment.

(3) In this section the expression "disinterment" shall
also include the subsequent conveyance and custody of the
body within, or removed from, Antigua and Barbuda, or
duly received on board a ship, boat or aeroplane in order
to be exported from Antigua and Barbuda.

LAWS OF ANTIGUA AND BARBUDA

100 CAP. 353) Public Health

Penalty for
breach of

163. If any person to whom any such permission has
conditions by been granted shall after the disinterment has been commenced
applicant. commit any breach of any of the conditions of such permis-

sion, he shall be liable on the information of the Board, on
summary conviction, to imprisonment, with or without hard
labour, for any period not exceeding six months, or to a
fine not exceeding five thousand dollars.

Penalty for
breach of

164. Every person who, having agreed with a person
agreement by to whom such permission has been granted to fulfil or assist
persons in fulfilling any of the conditions of such permission, com- by applicant.

mits anv breach of the agreement so far as it relates to the "
fulfilling or assisting in the fulfilling of any such condition,
shall, unless prior to the commencement of the disinterment
he gives notice of his intention not to carry out his agree-
ment to such grantee, be liable on the information of the
Board, on summary conviction, to imprisonment for a period
not exceeding six months, or to a fine not exceeding five
thousand dollars:

Provided that no information shall be laid under this
section unless in the opinion of the Medical Officer of Health
the breach of contract is such that it is expedient in the public
interest that an information should be laid, but it shall not
be necessary in any proceedings consequent on any such
information for the informant to prove such opinion.

Penalty for
disinterment

165. Every person who, without such permission
without disinters the body of any person buried within Antigua and
permission. Barbuda shall be guilty of an offence and liable on summary

conviction to a fine not exceeding five thousand dollars or
to imprisonment for a term not exceeding six months.

Cremation. 166. It shall be lawful for the Board to permit the
burning of any human remains and to prescribe in what
cases, at what places, and under what conditions any such
cremation shall take place, what is to be done with the ashes,
what fees are to be paid, what notices, certificates and declara-
tions are to be made or given before any human remains
may be burned as aforesaid.

Closure of
cemeteries.

167. Whenever it shall appear to the Cabinet,
whether upon representation by the Board or otherwise, that,
for the protection of the public health, burial in any cemetery

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 101

shall be discontinued, it shall be lawful for the Cabinet to
order that, after a time to be mentioned in the order, burials
in such cemetery shall be discontinued.

168. Every person who shall, after such time as Subsequent
burials therein aforesaid, bury any dead body, or in any wise act or assist unlawful.

in the burial of any dead body in such disused cemetery,
shall be guilty of an offence.

169. If at any time hereafter a cemetery becomes Disused
cemeteries.

disused, it shall be lawful for the Board to take possession
thereof, and if no protest is made against such possession
within six months it shall be lawful for the Board to keep
the same in repair and properly fence the same or tosleal
therewith in any other manner whatsoever as to them shall
seem fit.

170. For the purposes of this Part the word "body" ''Body" includes
remains.

includes remains.

PART XXI

171. Save as otherwise provided in this Act where Delegation of
powers.

the Board have, by virtue of this Act, power to examine or
enter any premises, they may examine or enter by any of
their members, or by an officer or person authorized by them,
either generally or in any particular case.

172. (1) Except in cases otherwise specially provided General power of
entry.

for in this Act, where the Board or their officers or any person
acting under the Board, have power to examine or enter
as aforesaid, the following provisions shall apply, that is to
say-

(a) the person so claiming the right to enter shall,
if required produce some written document, properly
authenticated on the part of the Board, showing the right
of the person producing the same to enter;

(b) any person refusing or failing to admit any
person who is authorized and claims to enter the
premises shall if-

L A . OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

(i) the entry is for the purpose of carrying into
effect an order of a Magistrate, and either is
stated in the said document to be for that pur-
pose or is claimed by an officer of the Board
to be for that purpose, or

(ii) it is proved that the refusal or failure is with
intent to prevent the discovery of some contra-
vention of this Act, or

(iii) the refusal or failure is declared by the law
conferring the right of entry to render the
person refusing or failing subject to a penalty,

be liable to a fine not exceeding two hundred and fifty dollars.

(2) If a Magistrate is satisfied by information on oath-

(a) that there is reasonable ground for such entry
and that there has been a refusal or failure to admit
to such premises, and either that reasonable notice of
the intention to apply to a Magistrate for a warrant has
been given or that the giving of notice would defeat the
object of entry; or

(6) that there is reasonable cause to believe that
there is on the said premises some contravention of this
Act, and that an application for admission or notice of
an appication for the warrant, would defeat the object
of entry,

the Magistrate may by warrant under his hand, authorize
the Board or their officers or other persons, as the case may
require, to enter the premises and if need be by force, with
such assistance as they may require, and there execute their
duties under this Act.

(3) Any person obstructing the execution of any such
warrant shall be guilty of an offence and liable on summary
conviction to a fine not exceeding one thousand dollars, or
where the offence is a continuing one, to a fine not exceeding
one hundred dollars for every day that the offence is
continued.

(4) The warrant shall continue in force until the purpose
for which the entry is necessary has been satisfied.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 103

173. Subject to any express provisions of this Act, Obstruction.
whoever hinders or obstructs any person in discharge of a
duty imposed on him by or under any authority conferred
by this Act shall be guilty of an offence and liable on sum-
mary conviction to a fine not exceeding one thousand dollars,
or where the offence is a continuing one, to a fine not
exceeding one hundred dollars for every day that the offence
is continued.

174. Whosoever by any gratuity, bribe, promise or
other inducement prevents or attempts to prevent, the due
execution by any person of any duty imposed on him by
this Act shall be guilty of an offence and liable on s z m a r y
conviction to a fine not exceeding one thousand dollars, and
for any subsequent offence to a fine not exceeding three
thousand dollars.

175. (1) Where the occupier of premises prevents the obstruction c
owner by owner thereof from obeying or carrying into effect any pro-

vision of this Act, a Magistrate on complaint, shall by order,
require such occupier to permit the execution of any works
which appear to him necessary for the purpose of obeying
or carrying into effect the said provision; and if within twenty-
four hours after service on him of the order, such occupier
fails to comply therewith, he shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
two hundred and fifty dollars for every day during the con-
tinuance of such non-compliance.

(2) If the occupier of any premises, when requested by
or on behalf of the Board to state the name and address of
the owner of the premises, refuses or wilfully omits to disclose
or wilfully misstates the same, he shall be guilty of an offence
and liable on summary conviction to a fine not exceeding
two hundred and fifty dollars.

PART XXII

5 176. Regulations made by the Board under this Act C , " $ ~ ~ ~ ~ ' " Of
shall not take effect until and unless they have been approved

b
by the Cabinet and such regulations shall be laid before

I
Parliament for confirmation.

LAWS OF ANTIGUA AND BARBUDA

104 CAP. 353) Public Health

Penalties for
breaches of

177. Except as in this Act expressly provided, regula-
reeulations. tions made under this Act may provide for the imposition -

on offenders against the same of 1;enalties not exceeding five
hundred dollars for each offence, and in the case of a conti-
nuing offence a further penalty not exceeding one hundred
dollars for each day during which the offence continues.

Recovery of costs
and expenses and

178. Where the Board have incurred expenses, for
interest. the payment whereof the owner of the premises for or in

respkct of which the same are incurred ismade liable under
this Act or by any agreement with the Board, such expenses
may be recovered, together with interest at the rate not
exceeding five per centum per annum from the date of service
of a demand for the same till payment thereof, from any
person who is the owner of such premises when the works
are completed for which such expenses have been incurred,
and, until recovery of such expenses and interest, the same
shall be a charge on the premises in respect of which they
were incurred. Such charge shall be deemed to be prior and
preferential to all existing or future charges or encumbrances
thereon, save and except charges for debts due to the Crown.

Recovery of
penalties and

179. (1) All offences under this Act may be pro-
procedure. secuted, and penalties, fines, forfeitures, costs and expenses

incurred under this Act may be imposed or recovered in a
Magistrate's Court.

(2) Any information or complaint for any offence against
the provisions of this Act for the breach whereof the Board
may institute proceedings, may be laid or made in the name
of the Board by any officer or officers of such Board, either
generally or in respect of offences against certain provisions
of this Act; and any officer or officers of the Board, authorized
in that behalf may conduct the proceedings before the
Magistrate in all cases where the Board are complainants
or defendants.

Authentication of 180. (1) Subject to the express provision of this Act,
notices, etc.

notices, authorities, orders and other such documents under
this Act shall be in writing; and notices, authorities and
documents other than orders, when issued or given by the
Board shall be sufficiently authenticated if signed by the chair-
man or secretary of the Board or by some duly authorized
officer of the Board.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 105

(2) Orders shall be under the seal of the Board, and
signed by the chairman or secretary or by some duly
authorized officer of the Board.

1 1 It shall be sufficient in all cases where any service of
notices, etc.

notices, orders, accounts or other documents are required
to be given to or served on or delivered to the owner or
occupier of any premises to address the same to such owner
or occupier (as the case may be) of the premises (naming
them) in respect of which such notices, orders, accounts or
other documents are to be given, served or delivered, without
further name or description; and if required or authorized
to be given, served or delivered under this Act, may be g i v a
served or delivered by delivering the same or a true copy
thereof to or at the residence of the person to whom they
are respectively addressed, or where addressed to the owner
or occupier thereof, to some person on the premises, or, if
there is no person on the premises who can be so served,
by fixing the same on some conspicuous part of the premises;
and they may also be served by sending the same through
the post by registered letter, and such registered letter shall
be deemed to have been received in the ordinary course of
post as if there had been delivery thereof.

182. Where any nuisance shall be caused by the joint Nuisance caused
by, or existing

act or default of two or more persons, or shall exist on the ,,, premises of
premises of two or more owners, it shall be sufficient to pro- :yne;.rnore
ceed against one or more of them without proceeding against
the others or other of them; but nothing therein contained
shall prevent the persons so proceeded against from recover-
ing contribution in any case in which they would be entitled
to contribution by law.

183. Subject to the express provisions of this Act pro- p;P,i"t; not
ceedings under this Act against several persons included in .f death.
one complaint shall not abate by reason of the death of any
of the persons so included, but all such proceedings may
be continued against the survivors or survivor as if such
deceased person or persons had not been so included.

184. Whenever in any proceedings under this Act, ::z2fneed
whether written or otherwise, it shall become necessary to be ,therwise
mention or refer to the owner of any premises, it shall be designated.

LAWS OF ANTIGUA AND BARBUDA

106 CAP. 353) Public Health

sufficient to designate him as the owner of such premises
without name or further description.

Appeals. 185. Any person who deems himself aggrieved by
any order made by a Magistrate under this Act may, subject

Cap. 255. to the provisions of the Magistrate's Code of Procedure Act
relating to appeals, and save as otherwise provided in this
Act, appeal therefrom to a Judge of the High Court.

Forms.
Second Schedule.

186. The forms contained in the Second Schedule
or any forms to the like effect. varied as circumstances mav
require, may be used for the purposes of this Act, and shail
be sufficient for the purpose intended.

Saving.

Repeal.

Saving of
subsidiary
legislation.

187. Nothing in this Act contained shall be construed
to take away, affect or diminish any right of action, or remedy
by criminal proceeding, to which any person would be entitled
in respect of any nuisance if this Act had not been passed.

188. The Acts set forth in the Sixth Schedule are
hereby repealed:

Provided that-

(a) all subsidiary legislation made under any of the
said repealed Acts shall remain in full force until repealed
or replaced by regulations made by virtue of this Act
or any other Act;

(6) (i) any reference in any of the said subsidiary
legislation to the Central Board of Health
or to the City Commissioners shall, unless
the contrary intention appears, be con-
strued to mean the Board or the members
of the Board, as the case may be; and

(ii) every person holding office as a member
of the Central Board of Health established
and constituted under the Central Board
of Health (Constitution and Temporary
Powers) Ordinance, 1954, as amended,
immediately before the commencement of
this Act shall, until the expiration of the
term of office for which he was appointed

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 107

o r the termination of his appointment in
any other manner mentioned in section 4,
continue to be and to hold office as a
member of the Board.

FIRST SCHEDULE S. 3

All that area enclosed by an imaginary line commencing at
a point on the coast where the road running West of Greenbay
meets the sea and thence in a Southerly direction along the western
side of this road to its junction with the road leading to Union
Estate; continuing along the western side of the same road, in
a southerly direction towards Cooks Estate, to a point marked
by a concrete beacon situated where the said road to Cooks Estate
reaches a valley running East and West; running from the said
beacon and following the centre of the valley to another concrete
beacon situated at Grays Hill; thence in an Easterly direction to
a point marked with a beacon on the Bolans road immediately
bevond Nut Grove: from this beacon in a north-easterlv direction
to a point on the All Saints road where the Bendals road joins
a track which forms the existing boundary of Ottos Estate and
along the said track to the Factory road; turning West at this
junction and following the southern side of the Factory road to
a point marked by a beacon at the boundary between Sunnyside
paddock and St. Johnston Village; thence following the eastern
boundary of the said paddock to the Parham road to a point
opposite the track West of Bell Village; thence northwards along
the eastern boundary of Gambles Estate to the north-eastern corner
of the said Estate; thence West along the North boundary of
Gambles Estate to the western side of Friars Hill road; thence
North to the boundary between Friars Hill and Gambles; thence
West along the said boundary to the Marble Hill road; thence
in a southerlv direction to a ~ o i n t where the said road turns West
towards Fort James; and finally along the southern and western
side of Fort James road to that point on the sea coast immediately
West of the point where the said road turns South to Fort James.

LAWS OF ANTIGUA AND BARBUDA

CAP. 353) Public Health

SECOND SCHEDULE S. 186

FORM A

Form of Notice requiring abatement of nuisance

To (person causing the nuisance, or owner or occupier of
the premises at which nuisance exists, as the case may be).

Take notice that under the provisions of the Public Health
Act, the Central Board of Health being satisfied of the existence
at (describe premises where the nuisance exists) of a nuisance being
(describe the nuisance) do hereby require you within (specify time)
from the service of this notice to abate the same and to execute
such works and do such things as may be necessary for that purpose,
or and for that purpose to (specify any works to be executed) and
the said Board do hereby require you within the said period to
do what is necessary for preventing the recurrence of this nuisance,
and for that purpose to etc. (where
the nuisance has been abated, but is likely to recur, say) being
satisfied that at etc. there existed recently, to wit,
on or about the day of that although
the said nuisance has since the last mentioned day been abated,
the same is likely to recur at the said premises, do hereby require
you within (specify time) to do what is necessary for preventing
the recurrence of the nuisance and for that purpose to, etc.

If you make default in complying with the requisitions of this
notice, or if the said nuisance though abated, is likely to recur,
a summons will be issued requiring your attendance before a
Magistrate to answer a complaint which will be made for the
purpose of enforcing the abatement of the nuisance, or prohibiting
the recurrence thereof, or both, and for recovering the costs and
penalties that may be incurred thereby.

Dated this day of 19 .

FORM B

Form of Nuisance Order

T o A.B. of
(or to the owner thereof) (describe premises) situated (insert such
description of the situation as may be sufficient to identify the
premises).

Whereas the said A.B. (or owner or occupier of the said
premises within the meaning of the Public Health Act) has this

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 109

day appeared before me to answer the matter of a complaint made
by etc. that at etc. (follow
the words of the complaint in summons) (or in case the party charg-
ed do not appear, say) whereas it has now been proved to my
satisfaction that a summons has been duly served according to
the Public Health Act, requiring the said A.B. (or the owner or
occupier of the said premises) to appear this day before me to
answer the matter of a complaint made by etc.,
that etc.

(Any of the following orders may be made or a combination
of any of them as the case seems to require).

Now on proof here had before me that the nuisance so com-
plained of does exist at the said premises (add, where the order
is made on the person causing the nuisance) and that the same
is caused by the act, default or sufferance of A.B. I, in pursuance
of the Public Health Act, do order the said A.B. (or the said owner
or occupier) within (specify the time) from the service of this order
according to the said Act (here specify the nuisance to be abated
and state any works to be executed).

And I, being satisfied that notwithstanding the said nuisance Prohibition Order
may be temporarily abated under this Order, the same is likely '
to recur, do therefore prohibit the said A.B. (or the said owner
or occupier) from allowing the recurrence of the said or a like
nuisance and for that purpose I direct the said A.B. (or the said
owner or occupier) (here specify any works to be executed).

Now on proof here had before me that at or recently before Prohibition Order
the time of making the said complaint, to wit, on No. 2.

the nuisance so complained of did exist at the said premises but
that the same has since been abated (add where the nuisance order
is made on the person causing the nuisance) and that the nuisance
was caused by the act, default, or sufferance of A.B. yet not-
withstanding such abatement, I, being satisfied that it is likely
that the same or the like nuisance will recur at the said premises,
do therefore prohibit (continue as in Prohibition Order No. 1).

Now on proof here had before me that the nuisance is such Closing Order
as to render the dwelling house (describe the house) situated at "
(insert such a description of the situation as may be sufficient to
identify the dwelling house) unfit in my judgment for human
habitation, I, in pursuance of the Public Health Act, do hereby
prohibit the use of the said dwelling house for human habitation.

Dated this day of

Magistrate.

LAWS OF ANTIGUA AND BARBUDA

110 C A P . 353) Public Health

FORM C

Form of Nuisance Order to be executed by the Board

To :

he Central Board of Health
Whereas a complaint has been made by

that at a certain premises situated at
the following nuisance exists (describe the

nuisance).

And it has now been proved to my satisfaction that such
nuisance exists but that no owner or occupier of the premises or
person by whose act, default or sufferance the nuisance is caused,
is known or can be found (as the case may be): Now, I , in pur-
suance of the Public Health Act, do (continue as in any of the
orders in Form B with the substitution of the name Board for
that of A.B. or the owner or occupier).

Dated this day of

Magistrate.

THIRD SCHEDULE

Milk-Borne Diseases

Enteric fever (including typhoid and paratyphoid fevers)
Dysentery
Diphtheria
Scarlet fever

Acute inflammation of the throat
Gastro-enteritis
Undulant fever.

FOURTH SCHEDULE

Baker

Barber, or any other similar trade or calling in which the person
employed necessarily comes in contact with other persons.

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 11 1

Boatman and stevedores or any boat carrying passengers or cargo.

Butcher.

Cook, or any trade or calling in which the person employed handles
or comes in contact with articles of food or drink, drugs,
medicines or tobacco in any form.

Dairyman, or any situation or calling in which the person employed
comes in contact with cows or other animals kept for the
purpose of furnishing milk.

Domestic Servant.

Fishmonger.

Makers for sale of baskets, mats, hats and other straw goods.

Nurse.

Tailor, dressmaker or any trade or calling in which the person
employed manufactures, handles or comes in contact with
wearing apparel.

FIFTH SCHEDULE

Offensive Trades

Blood or offal boiling or treating

Bone boiling or crushing

Candle making, where tallow is rendered on the premises

Chemical and acid making

Fellmongering

Slaughtering

Soap boiling

Tanning

Gut scraping

Glue making

Manure manufacturing

The collection of house and street refuse.

LAWS OF ANTIGUA AND BARBUDA

112 CAP. 353) Public Health

S I X T H S C H E D U L E S. 188

No. and
Year.

311874

1011874

611884

511888

211893

1911895

711902

111907

1411910

221 1922

1411923

611926

1411928

Short Title

Vaccination Act, 1874

Sale of Bread Act, 1874

Sale of Milk Act, 1884

Act to prevent the spread of Infectious
Diseases, 1888

Parham Market Act, 1893

City Improvement Act, 1895

Country Health Ordinance, 1902

St. John's City Ordinance, 1907

Closure of Cemeteries Ordinance, 1910

St. John's City Ordinance, 1907, Amendment
Ordinance, 1922

St. John's City (Amendment) Ordinance, 1923

Burial Grounds Ordinance, 1926

District Medical Officers (Government Fees
Abolition) Ordinance, 1928

Extent of
repeal.

The whole Act

7 ,

, ,

, ,

Sections 1, 2, 13, 16,
17, 18, 19, 20, 21,
22, 23, 24, 25, 26,
27, 28, 29, 30, 31,
33, 34, 35

Sections 1, 2, 3, 4, 5,
18, 19, 23, 24, 26,
28, 29, 30, 30A,
31, 33

The whole Ordinance

, ,

,,

Section 3

LAWS OF ANTIGUA AND BARBUDA

Public Health (CAP. 353 113

SIXTH SCHEDULE (contd) S. 188

No. and
Year.

Short Title Extent of
repeal.

Country Health Ordinance, 1902, Amend-
ment Ordinance, 1921

Country Health (Amendment) Ordinance,
1934

Vaccination (Amendment) Ordinance, 1937

St. John's City (Amendment) Ordinance, 1937

Country Health (Amendment) Ordinance,
1943

St. John's City Council Ordinance, 1947

St. John's City Council (Amendment) Ordi-
nance, 1947

Central Board of Health (Constitution and
Temporary Powers) Ordinance, 1954

Central Board of Health (Constitution and
Temporary Powers) (Amendment) Ordi-
nance, 1955.

The whole Ordinance

, >

- >,
7 ,

> >

2 >

>,

, >

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